Are you concerned about how a DUI or other criminal offense may affect your plans to visit Canada?
It’s a common worry for many prospective travelers with these marks on their records. Despite the complexities, there are ways to navigate this situation and enter Canada with a DUI or other convictions. This article covers ten frequently asked questions about entering Canada with a DUI or criminal offense.
1. Can I enter Canada with a DUI or other criminal offense on my record?
Yes, but it can be more complex. Canada considers driving under the influence (DUI) a severe crime, and this can make you inadmissible. The same goes for other types of criminal offenses. However, depending on the circumstances, there are specific procedures you can follow to be allowed into the country, such as applying for Criminal Rehabilitation or a Temporary Resident Permit (TRP).
2. What types of criminal convictions can make me inadmissible to Canada?
Any conviction that is considered a crime in Canada can make you inadmissible. This includes offenses like theft, assault, manslaughter, dangerous driving, and driving while under the influence of drugs or alcohol. Even minor offenses such as shoplifting can make you inadmissible.
3. How long after a DUI or criminal conviction am I considered inadmissible to Canada?
Typically, you can be considered “deemed rehabilitated” if more than ten years have passed since you completed all sentences, including probation and paid fines, for a single non-serious crime. If your offense is severe or you have more than one offense, you can apply for individual criminal rehabilitation after five years have passed since the completion of your sentence.
4. Is there a way to enter Canada despite having a DUI or criminal offense?
Yes, there are a few ways to overcome criminal inadmissibility. One is to apply for a Temporary Resident Permit (TRP), which can allow you to enter for a specific purpose, but it’s at the discretion of immigration officials. Another is Criminal Rehabilitation, which permanently resolves inadmissibility. It’s a more involved process requiring at least five years since all sentences were completed.
5. What is the process for applying for Criminal Rehabilitation to enter Canada?
To apply for Criminal Rehabilitation, you must apply for Immigration, Refugees and Citizenship Canada (IRCC). This includes information about your conviction, your personal history, and evidence that you have been rehabilitated and are not likely to commit further crimes. The process can take over a year, so applying well before you plan to travel is best.
6. Can I enter Canada for a brief visit if I have a DUI or criminal offense that occurred many years ago?
If ten years have passed since you completed all sentencing, including paying fines and probation, and you have only one non-serious crime on your record, you might be “deemed rehabilitated” and can be admitted. If not, you must apply for a Temporary Resident Permit or Criminal Rehabilitation.
7. Are there any exceptions or waivers allowing me to enter Canada with a DUI or other criminal conviction?
The primary methods to overcome criminal inadmissibility are through a Temporary Resident Permit or Criminal Rehabilitation. In rare cases, “deemed rehabilitation” can be considered. No specific waivers are available for people with criminal convictions.
8. How does the Canadian government verify whether I have a DUI or criminal offense?
When you attempt to enter Canada, immigration officers can access criminal databases to check your background. This includes access to U.S. databases like the National Crime Information Center (NCIC). If you have a criminal record, it’s likely to be found during this process.
9. Does the severity or type of DUI or criminal offense influence my admission to Canada?
Yes. Canada differentiates between indictable (similar to a U.S. felony) and summary (similar to a U.S. misdemeanor) offenses. If the crime you committed would be punishable by a maximum prison term of ten years or more in Canada, it’s considered serious criminality and can make you inadmissible. Furthermore, multiple convictions can complicate matters, even if they’re minor.
10. What happens if I try to enter Canada without disclosing my DUI or criminal offense?
If you’re found to have misrepresented your record or lied to immigration authorities, you can be banned from Canada for a number of years or even permanently. It’s always recommended that you be truthful and follow the appropriate legal channels to enter Canada if you have a criminal record.
Seek Legal Advice
If you have a DUI or other criminal conviction, you should speak with a qualified and experienced Canadian Immigration Lawyer. The lawyers at Richards and Jurusik have decades of experience helping U.S. citizens enter Canada with DUI and other convictions.
Schedule a Consultation with a Canadian Immigration Lawyer
