If you have a DWI, getting into Canada is not as simple as showing up at the border with a valid United States passport. If you have ever been arrested or convicted for DWI regardless of whether it was a misdemeanor or felony offense, you are criminally inadmissible to Canada and will be denied entry. New changes to Canadian law have now made it even tougher to get into Canada.
How to Obtain Permission to Enter Canada with a DUI
Overcoming criminal inadmissibility to Canada is not easy. You must apply for and receive permission from Canadian authorities to visit the country. Obtaining permission is a very complex legal process often requiring the assistance of an immigration lawyer. You can overcome criminal inadmissibility to Canada in two ways.
How to Obtain Permission to Enter Canada with a DUI
Overcoming criminal inadmissibility to Canada is not easy. You must apply for and receive permission from Canadian authorities to visit the country. Obtaining permission is a very complex legal process often requiring the assistance of an immigration lawyer. You can overcome criminal inadmissibility to Canada in two ways.
Temporary Resident Permit
A temporary resident permit allows a person to enter or stay in Canada for a specific period of time provided they have a valid reason to visit. Valid reasons include the necessity to work in Canada or to visit a family member. It is possible for a TRP to be valid for multiple visits for as long as three years provided the individual’s application is strong enough. A Canada TRP can take a while to obtain, so it is best to apply well in advance of your intended travel date.
Criminal Rehabilitation (CR)
Criminal Rehabilitation is an application process where you petition Canada immigration to forgive your prior DUI conviction. To be eligible for criminal rehab five years must have passed since the sentence was fully completed including probation. Successfully completing the rehabilitation process gives an individual a fresh start and allows them to enter Canada freely again.
Deemed Rehabilitation No Longer Applies for DWI
Prior to 2018, an American was “deemed rehabilitated” if they only had a single DWI conviction and 10 years had passed since completion of all sentencing requirements. Canadian authorities would disregard an old DUI and grant the person entry into the country. This has now changed. As of December 2018, a DUI is “serious crime” in Canada and therefor no longer qualifies for automatic deemed rehabilitation after ten years. Now an American with a single DWI will be denied entry at the Canadian border for life.
Now that impaired driving is considered a major crime in Canada, it is advisable that any American with a DUI, DWI, OWI, OVI, DWAI, wet reckless, or any other intoxicated driving arrest or conviction in their past speak with a professional about their admissibility before attempting to enter Canada.
