Canadian immigration law treats impaired driving offences with significant seriousness. Since changes to the Criminal Code elevated the maximum penalty for impaired driving to 10 years, even a single DUI conviction can render a foreign national criminally inadmissible to Canada. For many travelers, this comes as a surprise—especially those crossing the border for work obligations, tourism, or family visits.
At HGR Graham Partners LLP, our lawyers can assist clients looking to travel to Canada in understanding their options when a past DUI becomes an obstacle to entering Canada.
Why a DUI Creates Criminal Inadmissibility
Canada now classifies DUIs that occurred after December 18, 2018 as serious criminality, meaning the border officer has the authority to deny entry even if the offence occurred many years ago. This includes:
- Impaired driving;
- “Over 80” or “Over .08”;
- Refusal to provide a breath sample; and
- Impaired driving causing bodily harm
The impact is the same: the individual may be denied entry at the Canadian border, even when they’ve long since completed their sentence.
There are several options for individuals to overcome criminal inadmissibility when travelling to Canada:
- Temporary Resident Permit (TRP)
A TRP can allow someone to enter Canada temporarily despite their inadmissibility. This option may be appropriate for:
- Business travel
- Family events
- Work assignments
- Professional conferences
- Urgent or compassionate reasons
Approval is discretionary, so a strong supporting package is essential. A TRP can grant an individual the ability to stay in Canada for a day up to a maximum of up to three (3) years, depending on the reason for travel.
- Criminal Rehabilitation
For a permanent solution, Criminal Rehabilitation may be available once five years have passed since completing all parts of the sentence (including fines, probation, and license suspensions). Successful rehabilitation removes the inadmissibility entirely. Similar to TRPs, approval of criminal rehabilitation applications are at the discretion of the reviewing officer, so a strong application is essential.
An individual may be deemed rehabilitation if they only have one conviction (of which is not a serious offence), and 10 years have passed since completing all parts of their sentence. Where an individual is deemed rehabilitated, there would no longer be any barrier to traveling to Canada. If an individual is not eligible for deemed rehabilitation, then they may still be eligible to apply for criminal rehabilitation.
Why Legal Guidance Matters
Understanding which option applies—and preparing an application that meets Immigration, Refugees and Citizenship Canada (IRCC) standards—can be complex. Our experienced immigration team assists clients in:
- Assessing admissibility;
- Determining eligibility for Criminal Rehabilitation;
- Preparing TRP applications; and
- Providing strategic advice based on travel needs
With offices in Barrie, Orillia, Midland, Penetanguishene, and Elmvale, HGR Graham Partners LLP is proud to support clients with practical, results-focused legal guidance. We help prepare compelling applications and submissions tailored to each client’s circumstances. If you have a DUI conviction and are unsure about your ability to enter Canada, contact us today.