US Residents with DUI or DWI: Challenges Entering Canada
US residents with DUI or DWI will have difficulty entering Canada for any reason. If you need to work in Canada temporarily or even plan on coming to Canada permanently as a skilled foreign worker, you will need to resolve your inadmissibility. Nevertheless, with the right applications it is not impossible to come to Canada on a Canadian work permit with a DUI or DWI.
There are many reasons why US residents need to come to Canada to work occasionally. US residents often fill positions in:
- The high tech sector
- Transportation – rail, trucking, logistics, aviation and cruising
- Oil and gas, mining and other natural resource extraction
- Entertainment – music, film, television
- Business and consulting
- Wild-land firefighting
- Agriculture
- Outdoor recreation
- Sports
There are numerous industries in Canada that need US workers and expertise.
How to Get a Work Permit Within Five Years of a DUI
If you are applying for a work permit to come to Canada and it has been less than five years since you completed your sentence, you will need to apply for a Temporary Resident Permit (TRP). You should apply for the work permit and the Temporary Resident Permit at the same time.
A TRP can be good for up to three years. Typically you would be given a TRP that is good for the same amount of time as your work permit.
How to Get a Work Permit Five Years After a DUI or DWI
After five years, you are eligible for a permanent waiver of inadmissibility, but you must apply. Note that the five years is calculated from the date that you complete your sentence. A sentence includes probation and fines. A Criminal Rehabilitation application will take longer than a TRP, so you might not be able to get it in time if you already have a job offer. However, you should apply as soon as possible to be eligible for opportunities down the road.
If you are working in an industry that requires you to work in Canada, this is a good investment. Applying for multiple TRPs can be costly and inefficient and you are expected to resolve your inadmissibility if you want to continue to enter Canada. Many people who want to enter Canada in the short-term will apply for a TRP and Criminal Rehabilitation at the same time. This will help you save time and energy as many of the documents required are the same.
Express Entry and DUI or DWI
If you want to enter Canada as a federal skilled worker under the Express Entry program, a DUI or DWI can cause your application to be denied. A criminal record check is part of the application process. It’s important to apply for Criminal Rehabilitation when you are eligible and to have a compelling application.
Previous Canadian work or study experience can boost your application for Express Entry. If you are able to work in Canada with a TRP, it may help you enter Canada permanently in the long run if this is your goal.
Deemed Rehabilitation
Most DUIs are eligible for deemed rehabilitation 10 years after the completion of the sentence. This means you will be able to apply for a work permit without making any other special application. However, you may need to prove how long ago the sentence was completed. Hold on to any documents you have so that you can enter Canada later.
If you would like to learn more about entering Canada with a DUI, contact AllCleared today for a free consultation at 1-866-972-7366.
To find out more about your eligibility to enter Canada with a DUI or other criminal record, download our free checklist. By downloading this resource, you are subscribing to our newsletter. You can unsubscribe at any time.
