Entering Canada with a DUI can be complicated. Canada’s rules about drinking and driving are much stricter than those of the United States. As well, in these days of heightened security, the border guard will likely have a lot of information about you at his or her fingertips.
Technically, driving under the influence (DUI), driving while intoxicated (DWI), and similar charges are criminal offences in Canada, which means that even if your record was a misdemeanor in the US, you might be deemed to have committed a criminal offence in Canada.
Here are some common misconceptions about entering Canada with a DUI:
Misdemeanors will not show up when the border guard scans my passport – Since 9/11, the US and Canada have been sharing a lot of information about their residents, and your DUI is likely to show up when your passport is scanned or your name is entered at the border crossing.
I entered Canada before with a record, so I am admissible – Border guards have a lot of discretion and don’t always ask the same questions or pull up the same databases on every trip. You can still be criminally inadmissible even if you’ve crossed before.
My DUI offences are more than 10 years old, so I can enter Canada – You may be deemed rehabilitated if you have one offence over 10 years ago, but people with multiple offences are not eligible to be deemed rehabilitated and must apply for criminal rehabilitation. People with serious offences must also apply even after 10 years. If you are eligible, you should plan to bring some evidence to support your rehabilitation with you when you cross the border.
I can enter Canada with a DUI if I don’t plan to drive – Whether you arrive on a cruise ship, a bus tour or even a bicycle, your DUI can prevent you from entering Canada.
I can enter Canada because my case has not gone to court yet – The border guards can still turn you back if you have only been arrested and not convicted. Remember that your ability to cross the border is at the discretion of the officials you encounter when you arrive.
If I fly to Canada, they will be less likely to send me back – Some people think it’s harder for customs officials to turn them around if they’ve spent money on a plane ticket and they have a return ticket proving the stay is temporary. This is not true. You can still be sent back at your own expense on the next available flight.
If they ask about previous convictions, I can just lie or pretend I forgot – Lying to a border guard is a serious offence that can get you banned from the country for a very long time.
There are no risks to trying to enter with a DUI; I will just be turned back – If you try to cross the border knowing that you might be criminally inadmissible you, and even the people travelling with you, could be barred from the country.
What can I do?
It’s clear that trying to cross the border with a DUI can be a serious matter, but it’s not impossible. It’s important to have the proper paperwork in place before you go. Applications to enter Canada are made to Citizenship and Immigration Canada (CIC).
What do I need?
Determining what paperwork you need to file depends on your circumstances:
Temporary Resident Permit (TRP)
The TRP is the best solution for you if:
- You completed your DUI sentence less than five years ago
- You completed your DUI sentence more than five years ago, but you have not yet received a Criminal Rehabilitation
- You have a specific reason to visit Canada
A Temporary Resident Permit does not mean you will be residing in Canada. It can be used for even the most minor visits, such as a weekend conference or to visit an ailing relative. In fact, this is the most temporary solution and can only be used for a specific purpose. If you need to enter the country for a different reason, you will have to apply again and tell the CIC why you need to enter Canada. Depending on the situation your TRP can be up to three years and allow single or multiple entries.
A Temporary Resident Permit is not easy to obtain. You’ll need to collect a number of documents and the official must be convinced of your need to enter the country. If your application is denied, you will be out the $200 processing fee. Call Pardon Services Canada for a free consultation about your application. Keep in mind that it can take four to six months to receive a TRP.
Criminal Rehabilitation
A Criminal Rehabilitation application is the best solution for you if:
- You completed your DUI sentence more than five years ago
- Your travel plans are not within the next two-and-a-half years
Applying for TRPs can be costly and inconvenient. There are wait times and many documents to be submitted, and if your reason for visiting is insufficient you can be rejected. If you are eligible, you should apply for a criminal rehabilitation. Eligible clients have the option of applying for both at the same time with Pardon Services Canada. This allows them to make their next trip, but at the same time, obtain a more permanent solution that will allow them to travel freely as long as their record stays clean.
Urgent Port of Entry Temporary Resident Permit
If you have an urgent reason for crossing the border, you may be able to apply at the entry point. This is not recommended unless you have a very compelling reason to cross the border. Contact us for a free consultation.
Deemed rehabilitation
If you have a single offence you may be eligible for deemed rehabilitation after 10 years as long as your offence was not very serious. You should bring some evidence with you when you cross the border.
Conclusion
Consider how inadmissibility to such a close neighbour may affect you in the long-term. For example, you may one day have a job that requires you to travel, you might win an Alaskan cruise that travels up the coast of Canada, or your best friend might decide to get married at a Rocky Mountain resort. Don’t let a minor conviction limit your possibilities.
Are you planning on visiting Canada with a criminal record? Do you have family or business in Canada? Do you need assistance obtaining a Temporary Resident Permit (TRP) or Criminal Rehabilitation? Pardon Services Canada has the experience to help you with a successful application. Contact us today to get started.