Understanding Canada DUI Entry Rules
Generally, if you have a DUI on your record, you cannot enter Canada for 10 years. However, there are applications you can make for Canada DUI entry before that time. Anyone with a DUI conviction prior to December 18th, 2018 faces a waiting period of 5 years with an appeal and 10 years without one if they have no other criminal charges. After they have met all of their sentencing conditions, the waiting period begins. Any new criminal charges would necessitate the filing of a "criminal rehabilitation" permit.
For an old DUI, automatic admission to Canada requires a ten-year waiting period after the sentencing conditions are met. For convictions previous to December 18, 2018, this rule has been grandfathered.
There are two types of crimes: misdemeanours and felonies. The presence of a DUI conviction has no bearing on an individual's eligibility for admission. Even if an American citizen is convicted of a misdemeanour level drunk driving charge, they can still be barred from entering Canada. Inadmissibility to Canada due to a DUI, DWI, or some other form of drinking and driving conviction can be overcome in a variety of ways, depending on your circumstances.
Canada DUI Entry within five years
If it has been less than five years, you need to finish the conditions of your sentence, such as probation, before you can apply for a Temporary Resident Permit (TRP).
A TRP is a temporary solution that will allow Canada DUI entry for a particular reason, such as a business meeting or important family matter. It can be granted for anywhere from a few hours to multiple entries for up to three years. It’s important to be clear about why and when you need to come into Canada in order to increase your chances of getting a permit that covers all the entries you need to make.
There are two different ways to apply for a TRP – urgent or consulate application:
Urgent application: An urgent application to enter Canada with a DUI can be put together in about two to four months. If you already have your court documents, it could be faster. You would then take this application to the Port of Entry whether it’s a land border crossing or the Customs and Immigration area of the airport. You would then wait for the officials to determine your application, which could take a few hours.
This is not the recommended route in many cases because the border officials have a high degree of discretion to deny your application. It’s important to have a truly urgent reason when attempting this.
Consulate application: The safer route is to apply for a TRP through the Canadian Consulate. This will take longer, but you will have a better chance of success because the officials will have time to complete their investigation. It can take about a year to get a TRP, so it is important to plan ahead.
If the purpose of your trip is vacation, this will result in a much better success rate. A primary benefit of the consulate TRP application is that you won’t risk losing your deposits or wasting your airfare in the case of a denied application.
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Entering Canada after five years
You can still apply for a TRP after five years, but if you have already had one or two your chances of success become lower. This is because the Canadian officials will expect routine visitors to submit a Criminal Rehabilitation application.
If you don’t have time to wait for the Criminal Rehabilitation application to be approved, you can apply for both a TRP and Rehabilitation at the same time. A Criminal Rehabilitation application takes longer, but it provides a permanent solution. The TRP will cover you for your upcoming trip, while the Criminal Rehabilitation application will provide a permanent solution as long as you keep your record clean.
It can take about 18 months to complete the Criminal Rehabilitation application.
Entering Canada after 10 years
If you have only one DUI on your record, you can enter Canada after 10 years from the completion of your sentence. You may need to provide proof such as court records, fine payments and other documents.
In some cases, people with multiple DUIs or serious felony DUI will have to apply for Criminal Rehabilitation even after 10 years.
If you are interested in visiting Canada with a DUI or other criminal offence on your record, contact AllCleared for a free consultation and learn more about your options at 1-866-972-7366.
