If you have been convicted of impaired driving, DUI, DUAI, DWAI, DWI, OVI, OWI, or reckless driving, you may face challenges when trying to visit Canada. Usually, an application for travel approval to Canada is necessary after a conviction for such offenses. This article will help you explore whether your past convictions might render you inadmissible in Canada.
Impact of DUI, DUAI, DWAI, DWI, OVI, and OWI Convictions on Travel to Canada
Offenses such as DUI, DUAI, DWAI, DWI, OVI, OWI, or even reckless driving can result in the denial of your entry into Canada. However, based on the time that has passed since your sentence, you might be eligible for relief measures that could enable you to travel to Canada.
Re-entering Canada Post Sentence Completion: The Waiting Period
If a decade has passed since your sentence completion for a single offense, you could be deemed rehabilitated. However, if you have been convicted for more than one impaired driving offense or if the offense took place on or after December 18, 2018, you will not be deemed rehabilitated.
Understanding “Deemed Rehabilitation”
The term “Deemed rehabilitated” considers a range of factors:
- The nature of your conviction.
- The severity of the conviction and the time elapsed since sentence completion.
- The number of convictions.
- The maximum sentence applicable in Canada for a similar offense.
Determining “Deemed Rehabilitation” Status
Establishing your deemed rehabilitation status is crucial before attempting to enter Canada. If you are residing in the United States, you can visit a Canadian Port of Entry for an admissibility assessment to Canada. An immigration officer will review your situation to ascertain if you qualify for deemed rehabilitation. If you’re not deemed rehabilitated, you will need to apply for rehabilitation before entering Canada. Alternatively, consult with a Canadian immigration lawyer to understand whether your conviction could make you inadmissible to Canada.
Criteria for Deemed Rehabilitation
You may be deemed rehabilitated for entry to Canada at a port of entry if:
- You have a single conviction or committed one crime.
- A decade has passed since you completed all sentences.
- The offense is not considered a serious crime in Canada.
- The crime did not involve significant property damage, physical harm to any person, or any weapon usage.
Documents Required for Deemed Rehabilitation Request
To request deemed rehabilitation at a Canadian port of entry, ensure you have:
- Your passport or birth certificate along with photo identification.
- Copies of court documents for each conviction and proof of sentence completion.
- A recent criminal record check.
- A recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.
Not Deemed Rehabilitated? Here’s What to Do
If you’re not found to be deemed rehabilitated after document review, you will need to apply for criminal rehabilitation. If you have a past criminal conviction, it is prudent to verify its impact on your ability to travel to Canada.
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We Can Help!
You may have questions regarding entry to Canada. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with 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 for an assessment of your legal situation.