A DUI conviction can impact your ability to enter Canada as “criminally inadmissible.” This label applies not only to individuals from the US but also to those from other countries. Even if your conviction is a decade old, it can still impact your entry. This post covers the complexities of entering Canada with a DUI or criminal record and explores potential solutions.
Can You Enter Canada with a DUI or Criminal Record?
Canadian immigration authorities can access your criminal record through cross-border information sharing. Upon reaching the Canadian border, you’ll undergo questioning about your criminal history. It’s crucial to answer truthfully, as misleading border officials is a federal offense. However, the final decision on your admission rests with the border official.
The Price of Overcoming Canadian Inadmissibility Due to a DUI
While criminal inadmissibility due to a DUI isn’t a definitive roadblock, overcoming it comes at a cost. Here are three main avenues for re-entry into Canada, each with its associated costs:
- Temporary Resident Permit (Approximately $200): If less than five years have passed since your sentence completion or urgent travel is necessary, a Temporary Resident Permit (TRP) is an option. It allows entry for a valid reason, but each entry requires a new permit application, which may take months to process.
- Criminal Rehabilitation ($200–$1,000): For a more permanent solution, Criminal Rehabilitation is available for long-term stays. To qualify, complete all DUI sentence conditions at least five years before applying. Processing may take over a year, ranging from $200 to $1,000. Once approved, permanent entry rights are granted.
- Deemed Rehabilitation (No additional cost): If your offense was minor and singular, deemed rehabilitation might be an option. However, a 10-year waiting period from sentence completion is mandatory, and this option isn’t available for DUI convictions due to changes in the Canadian Criminal Code in 2018.
Working with a Licensed Canadian Inadmissibility Lawyer
In addition to application fees, consider budgeting for a licensed Canadian immigration attorney specializing in inadmissibility cases. Their legal fees are invaluable in navigating the complexities and increasing your chances of successfully entering Canada.
Applying for both a Temporary Resident Permit and Criminal Rehabilitation
If you qualify for rehabilitation, you can simultaneously apply for Criminal Rehabilitation and a Temporary Resident Permit. Remember, Criminal Rehabilitation offers a permanent resolution, while a Temporary Resident Permit is a short-term solution. Navigating Canadian inadmissibility requires strategic planning and legal expertise, making a licensed Canadian inadmissibility lawyer an essential partner in your journey.
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We Can Help!
You may have questions regarding entry to Canada with a DUI. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.