Can You Go to Canada with a DUI?
Unfortunately, getting into Canada with a DUI 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 driving under the influence of drugs or alcohol,
regardless of whether it was a misdemeanor or felony offense, you may be
criminally inadmissible to Canada and denied entry. Regardless of whether or
not you have any intention to drive while in the country, a DUI (including civil infractions and "Actual Physical Control DUI" violations) can cause you to
get turned away at the border and can impede your eligibility across all
Canadian immigration programs.
How to Obtain Permission to Enter Canada with DUI
Most people reading this want to learn how to get into Canada with a DUI as
simply and easily as possible. To overcome criminal inadmissibility to Canada, a person must correctly apply for and then
successfully receive permission from Canadian legal authorities to visit the country. Unfortunately,
getting permission to enter Canada can be a highly complex legal process
that could easily overwhelm someone without professional assistance.
Criminal inadmissibility to Canada as a result of a DUI or DWI can be overcome
in two different ways:
The first option is a Temporary Resident Permit (TRP), which lets a person enter or
stay in Canada for a specific period of time provided they have a valid reason to
visit. The Temporary Resident Permit is extremely helpful for individuals who
are not yet eligible for the permanent solution of Criminal Rehabilitation, and
TRPs can 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.
The second option is Criminal Rehabilitation, which is an application process
whereby a person petitions Canada immigration authorities to forgive
their prior DUI conviction. To be eligible to apply for Criminal
Rehab, five years must have passed since the completion of your sentence
which includes payment of fines, driving courses, community service, probation,
and any other conditions which may have been imposed on you. Successfully
completing the Streamlined Rehabilitation process gives an individual a fresh start
and allows them to enter Canada freely again. Unlike a Temporary Resident
Permit, which is only good for a fixed amount of time, a rehabilitation document
never needs to be renewed. Whether traveling for business or pleasure, the
peace of mind and convenience of being able to go to Canada without worrying
about being denied entry makes this solution especially attractive to eligible
You may be deemed rehabilitated under Canadian immigration law if you only have a single DUI conviction that is a misdemeanor, and enough time
has passed since completion of your full sentence which includes jail time, probation, reinstatement of license, and payment of all
fines. If it has been more than ten years since the completion of your sentence, and you have nothing else on your
criminal record, Canadian immigration authorities may disregard your prior DUI
conviction and allow you to visit the country. If you have two or more drunk driving violations or any other criminal convictions on your record, however, you will not be
deemed rehabilitated by virtue of time and may be inadmissible to Canada without a Temporary Resident Permit or Criminal Rehabilitation. It is advisable that even if you may be deemed rehabilitated by the simple passage of time you have a legal opinion letter prepared to explain the exact situation to Canadian immigration authorities.
To maximize your chances of admissibility into Canada, it is important to talk to
a knowledgeable immigration lawyer who can help you
take the necessary steps before and during your Canadian immigration application
to have the highest possible chance of being approved for entry. Why risk having to explain to
friends, family, and co-workers why you were denied entry to Canada?
Our Canada immigration lawyer has extensive experience helping Americans overcome
criminal inadmissibility issues so they can successfully travel to Canada with a DUI. Let us take care of the hard work for you; we are excellent at this! Contact our team today for a free consultation!
Why Exactly Does Canada Deny Entry to People with a DUI?
In Canada, indictable offenses are considered serious criminality while summary offenses are considered less serious. If an American wants to visit Canada but has committed an act in a foreign country that would be considered an indictable offense in Canada, they may be classified as criminally inadmissible. In Canada, driving under the influence of alcohol is a hybrid offense, which means it can constitute a summary offense or an indictable offense depending on the situation and how the prosecutor wishes to proceed. Although most DUIs in Canada are
summary offenses, the potential for one to be an indictable offense makes driving under the influence a potentially excludable act for foreign nationals.
Many Americans are shocked to learn how difficult entry into Canada with DUI
charges can be. The Canadian border now has full access to the FBI criminal database via the country's CPIC database, which is operated by the RCMP and interfaced with the United States National Crime Information Center (NCIC). In fact, even a not guilty verdict (acquittal) may sporadically help cause a US resident
to be rejected at the Canadian border since the original DUI arrest will still be visible to border staff.
Section 36 of Canada's Immigration and Refugee Protection Act (IRPA) says that persons are criminally inadmissible to Canada if they are "convicted of an
offense outside of Canada which if committed in Canada would be an offense under
the Act of Parliament punishable by a maximum term of imprisonment of at least
10 years." This allows Canada to keep out foreign individuals who have been
charged with an indictable offense such as assault, fraud, or criminal mischief, but
also allows them to deny entry to people charged with impaired driving. For
this reason, many Americans are stuck researching "DUI Canada entry" on the Internet only to learn
one of the potential consequences of a having a criminal record is inadmissibility to
Canada without Rehabilitation or a TRP.
Because Canada immigration regulations view DUIs as a serious offense, a single impaired driving charge in the United States can bar a person from visiting Canada for
over ten years, even if it was only a misdemeanor. Pleading a DUI down to a minor charge such as dangerous or reckless
driving may still not enough to make someone eligible to cross the Canadian border after their initial arrest. When determining eligibility to
travel to Canada, it is not the status or seriousness of the crime in the USA that matters; it is what the crime equates to under Canadian
law. The Canadian Immigration and Refugee Act is the legislation that determines whether entry into Canada for a non-Canadian will be
granted or denied. According to this Act, a pending DUI charge is treated as "under indictment" and potentially excludes
the person from entry. Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges from drinking and driving to some
lesser charge such as reckless driving can still cause you to be denied entry at the Canadian border depending on the exact wording of your
If you have any criminal record at all; a bounced check, a fishing violation, uttering a death threat, a poaching charge, even a couple citations for simple possession of a small amount of weed, you might not be admitted to Canada. Your DUI also does not have to be alcohol related in order for the border to deny entry for criminality.
People are frequently charged with driving while intoxicated because they were on prescription medication such as painkillers or medical marijuana. You can be charged for driving under the influence of drugs regardless of whether or not the drug is legal. Even if you have been prescribed medicine by a doctor, if the substance "could affect the nervous system, brain, or muscles of a person as to impair" it is illegal to be operating a motor vehicle while on it. Consequently, it is possible
to get a DUI by driving while on prescribed drugs that can impair, and a criminal conviction of this type can mean a person is no longer welcome in Canada without special permission. If you were charged with boating under the influence of alcohol, or even some obscure charge such as operating a motorized lawn mower while intoxicated, your ability to travel to Canada can
also be effected.
Can you Enter Canada with a DUI If You Will Not Be Driving?
A person with an impaired driving record may still be inadmissible to cross the border into Canada even if they will not be driving a car,
truck, motorcycle, boat, airplane, or any other motor vehicle during their
visit. Some people who are criminally inadmissible due to DWI think that if they fly into Canada and do not intend to drive while in the country they will be granted entry without a problem. Canadian immigration regulations do not distinguish whether a person intends to drive
while visiting or not. Consequently, foreign nationals may require criminal rehabilitation or a TRP in order to travel to Canada with a DUI
appearing in their criminal history, regardless of their intended transportation plans once in the country. Some also believe that you can enter into Canada with a D.U.I. as long as
you do not disclose it at the border. You should always be honest and forthcoming with border authorities, and misleading immigration officials can lead to serious consequences such as being banned from crossing the Canadian border for several years.
Does It Matter Which State the DUI Occurred?
One of the major reasons why many United States residents seek assistance from
experienced immigration lawyers before trying to enter Canada with a DWI is
to determine the exact criminal equivalency and excludability of their specific
offense in Canada. The procedure for determining equivalency was determined by
the Canadian Federal Court of Appeal, which held that the essential elements
must be determined by the precise statutory words used. Since DUI laws (including underage DUI laws) and the
precise wording of each statute vary from state to state, the Canadian admissibility of
an individual can also depend on the US state in which the offense
happened. The precise wording of acquittal documents, absolute discharge and
conditional discharge documents, criminal diversion documents, deferred
adjudication documents, or pardon documents can also vary from state to state. The exact details of a deferred disposition (suspended
sentence) or adjournment in contemplation of dismissal (ACD) can vary by region as well.
The Canadian equivalent of other driving violations an individual may have pleaded
their first DUI down to, such as dangerous or reckless driving, can also vary at a
state or county level. Other violations that are often added to impaired driving charges
can further complicate matters. Examples include driving with a suspended license, no car insurance, damage to property, leaving the scene
of an accident, speeding, or refusing a breathalyser, chemical test, or blood test. If you are concerned you may be criminally ineligible for international travel, it is
always good to consult with a licensed immigration attorney in Canada about your particular situation.
Our team has assisted hundreds of US citizens from several different states with Canada DUI entry. Concentrating on helping Americans travel to Canada with a DUI, our Canadian immigration lawyer is licensed and qualified to provide
legal assistance to residents of the following states: Alabama (AL), Alaska (AK), Arizona (AZ), Arkansas (AR), California (CA), Colorado (CO), Connecticut (CT),
Delaware (DE), Florida (FL), Georgia (GA), Hawaii (HI), Idaho (ID), Illinois (IL), Indiana (IN),
Iowa (IA), Kansas (KS), Kentucky (KY), Louisiana (LA), Maine (ME),
Maryland (MD), Massachusetts (MA), Michigan (MI),
Minnesota (MN), Mississippi (MS), Missouri (MO), Montana (MT),
Nebraska (NE), Nevada (NV),
New Hampshire (NH), New Jersey (NJ), New Mexico (NM), New York (NY),
North Carolina (NC), North Dakota (ND), Ohio (OH),
Oklahoma (OK), Oregon (OR), Pennsylvania (PA), Rhode Island (RI), South Carolina (SC),
South Dakota (SD), Tennessee (TN), Texas (TX),
Utah (UT), Vermont (VT), Virginia (VA), Washington (WA), West Virginia (WV), Wisconsin (WI), and Wyoming (WY). Not only do we accept clients from every US state, we are also familiar with the DUI laws in many of these states.
The exact process of retrieving all the documents required for
a Temporary Resident Permit or Criminal Rehabilitation application can also differ by state and county. Our team of experts can help make crossing the border into Canada with a DUI as easy as possible!
Will the People I Am Traveling with Find out I Have a DUI?
Entering into Canada with a DUI first offense is stressful enough by itself, but worrying that bosses, coworkers, employees, business partners, girlfriends/boyfriends, or other people
traveling alongside you will learn about your impaired driving charge at the border can be intensely disconcerting. Most people flying into Canada for business are traveling
with at least one other person that they work with, and chances are this individual is not aware that their coworker has a criminal record. The good news is that in many
circumstances it is possible to keep your DUI a secret from your boss when entering Canada with him or her.
The easiest scenario in which to keep your DUI private from those you are traveling with is to procure a Canada Temporary Resident Permit prior to your
date of travel. A TRP can be obtained in advance of a trip to Canada, and once you have a valid T.R.P. in your possession, it is notably easier to cross the border discreetly. If
a TRP application is sent to an appropriate Canadian Consulate in anticipation of future travel, the reviewing officer will have more
time to inspect the file, and once a person is approved, they will be able to traverse the border with minimal delays and in most situations without ever having to
mention their criminal history. Applying for a TRP via a Canadian Visa Office takes 3-6 months, however, which is too far in advance for many Americans interested in getting into Canada. Since
many people, especially business travelers, are only given a few weeks advance notice of a trip to Canada, their only option
may be to apply for a TRP at their port of entry (POE).
If you do not have enough time before your trip to apply for a TRP in advance, you can still keep your DWI a secret from your co-workers as long as you are flying into Canada
and not driving across the border. Individuals presenting a TRP Canada application at the border will be asked to proceed to secondary inspection for their file to be reviewed. Consequently, the actual
TRP evaluation and personal interview will likely be done far away from fellow passengers, so it is only the initial conversation when you disclose your DUI to the officer and present your TRP application that needs to be obscured from
your boss. If you are flying to Canada, it is remarkably easy to do this since people typically go through border control in airports as individuals unless they are traveling as a family. At almost every International Airport in North
America, Border Service Officers are spread out far enough apart that you will very likely be out of earshot of any coworkers when you announce your TRP application. Since visitors are routinely flagged for additional inspection, fellow travelers will likely not be suspicious
as to why a co-worker disappeared for a while and took so long to clear the border.
If you are traveling by car, however, you may have to present your TRP application to the border agent in front of your fellow passengers, so please take this into consideration when planning your trip. One technique to make the best of a bad situation is to quietly give your TRP application to the border guard when you first pull up and
everyone hands over their passports, and in some cases you will be moved to secondary inspection without any mention of a DUI or criminal record. An American can require a TRP to overcome a previous overstay or because of a health problem, so notifying the officer that you have a TRP application without explicitly referencing criminal inadmissibility due to a DUI will not necessarily
get the office rumor mill chattering. If you need to go to Canada for work and your coworkers are driving, another strategy is to make up an excuse on why you will be traveling on your own and meeting them there. A family commitment or even an important doctor or dentist appointment could easily explain why you will be flying to Canada instead.
Fortunately, a majority of corporate travelers fly into Canada instead of driving, so keeping your criminal past a secret from your co-workers may be possible in most circumstances. Because we focus primarily on DUI and Canada entry, we have a plethora of experience on how to keep a DUI a secret from work associates when entering Canada with a drinking and driving conviction. Phone us today to discuss how we can put this experience to work for you!
Can I Submit My Own TRP Application?
While individuals are permitted to submit their own TRP application at a Canadian visa office or Port of Entry, it is advisable to seek professional help. Canadian immigration regulations are very specific, and an individual whose TRP application is not properly prepared carries the risk of being denied entry to Canada. Applying for a Temporary Resident Permit on your own is often compared to representing yourself in court, you can do it, but it is probably not a very good idea.
One of the many reasons why people can be denied a TRP is because they lacked knowledge of the pertinent immigration regulations and overlooked relevant evidence that could have or should have
been provided to Canadian immigration officials. The TRP application process is not simple and a qualified Canadian immigration lawyer advocating on your behalf can be very beneficial. Furthermore, a
TRP application must essentially explain why someone should be allowed into Canada. According to Citizenship and Immigration Canada (CIC), "to be eligible
for a Temporary Resident Permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as
determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate
that your visit is justified." A Canada immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) is qualified to prepare an application that will maximize the chances of success. If an application is not strong enough, immigration officials may determine there are insufficient grounds to merit the issuance of a permit, and the applicant will have lost all the money they spent on the government processing fee.
Applying for a TRP directly can also take as long as six months, and can even require a personal interview.
If you are going to fly to Canada and apply for a TRP at the border, it is essential that you understand the possible ramifications of not having a strong enough Temporary Resident Permit application.
Although several Canadian airports operate USA preclearance facilities, the reverse is not true meaning it is not possible to clear Canada Customs and Immigration while at a US international airport. For this reason, a person's application for a Temporary Resident Permit will not be adjudged by immigration officials until they land at an airport in Canada. At this point, if their application does not satisfy the Canadian official enough for him or her to issue an entry permit, the person may be denied entry to Canada
and flown back to the United States on the next available flight at their expense. When evaluating whether or not you should pay a lawyer to professionally prepare your application vs saving money by attempting to do it yourself, consider factoring in the consequences an inadequate application can have.
If you need to enter Canada on an emergency basis due to urgent circumstances, there are options that make possible entry into Canada
for pressing reasons such as a family emergency. Our team can prepare an application that will make the most compelling case possible for you to be permitted
entry on an expedited basis. If you need to enter Canada ASAP, our Canadian immigration lawyer has considerable experience preparing TRP applications for urgent entry, and our team is available most evenings and weekends because
emergencies do not always arise during standard business hours. Want to know just how fast we can prepare a TRP application for your emergency entry? Phone our team today for a free consultation!
How Long Does Criminal Rehabilitation Take?
Canada Criminal Rehabilitation processing times are typically between nine months and one year through conventional consulate channels. However since a Temporary Resident Permit can be issued much quicker than Criminal Rehab, it is very common for people to apply for both
at the same time which may allow them to visit Canada immediately with the TRP and then enjoy permanent admission once approved for Streamlined Criminal Rehabilitation.
Many of the same documents are required for both the Temporary Resident Permit and Criminal Rehabilitation applications, so it is always smart to ask if these cost savings will be passed along to you the client!
Refused Entry to Canada?
If you have already been denied entry to Canada, it is very important to not return until legally able to do so. It is advisable in
these circumstances to consult with a qualified Canadian immigration attorney to ascertain the best means of ensuring successful entry into
Canada. If you attempt to enter via another Port of Entry, denial is almost certain and an outright ban from Canada can result. Once
you have received an official refusal of entry to Canada, it is advisable to consult with a Canadian immigration legal professional
before attempting to cross the border again. Any form of perceived non-compliance can significantly reduce your odds of being granted permission for DUI entry in the future, so it is important not to make any rash decisions while still angry about being bounced at the border. In many cases, an individual
denied entry to Canada is permitted to withdraw their application for admission officially. For more serious cases, border officials will issue a Section 44 Report and the case will be forwarded to the Immigration and Refugee Board (IRB). There will then be an Admissibility Hearing in which a judge will determine if the Section 44 Report's allegations are true and if so a Removal Order may be given.
There are a number of reasons why someone visiting Canada can be refused entry. Grounds for refusal include
misrepresentation or presenting fraudulent documents at the border, general health risks to other Canadians, past criminal
offenses, a lack of financial resources, or any other breach of The Immigration & Refugee Protection Act. For Americans traveling
to Canada, the most common reason for refusal of entry is the existence of a prior criminal record, specifically drunk driving. Many American citizens do not have any idea
that a police record for driving while impaired can prevent them from being admitted into Canada until after they reach the border. American residents can be even more surprised when their underage or new driver DUI violation is the origin of their Canadian DUI entry difficulties. In urgent circumstances, US
citizens, or people from other VISA exempt countries, can attempt to overcome criminal inadmissibility at the Canadian border by
requesting a TRP on the spot for economic, social or humanitarian reasons. Temporary Resident Permits
will be given based on a variety of factors including the seriousness of the offense rendering the person inadmissible, evidence that
an individual has reformed or rehabilitated, completion of all sentences and payment of all fines and restitution, pattern of criminal
behavior, time elapsed since the offense occurred, and potential risk of the person entering Canada. If an individual is medically inadmissible but is a medical tourist, the availability of the treatment in Canada will also be scrutinized. In general, applying for a TRP in person at a land border
crossing or airport is only for emergencies. For advice related to your specific situation, always consult with a qualified immigration lawyer.
So who exactly is not permitted to enter Canada? The Immigration Act denies admission to anyone recently convicted of driving while
intoxicated (D.W.I.) or driving under the influence (D.U.I.), both of which may be considered an indictable offense in
Canada (similar to a felony in U.S.A.) and punishable by a term of imprisonment for up to five years. Other criminal offenses that can
cause someone to be denied entry to Canada include theft, assault, reckless driving, possession of stolen property, shoplifting, fraud, driving while license suspended, extortion, battery, domestic
violence, misdemeanor drug possession, and any felony such as breaking and entering or armed robbery. White collar crimes can also affect a foreign national's Canadian excludability. Some people may need the
services of a qualified immigration professional to determine if they can legally enter Canada. Other people may already know that they criminally inadmissible but require help from an attorney to come up with a workable
plan for how to cross the Canadian border successfully. A criminal conviction does not necessarily mean a person cannot enter Canada ever again; it simply
means they may require special permission to enter and therefore must prepare an acceptable application before visiting. Canada Temporary Resident Permit eligibility requirements and document
requirements have recently changed. This is one of the many reasons it may be important to work with an immigration lawyer familiar with the 2017 Canada DUI Entry rules (as well as any scheduled Canada DWI entry 2018 or 2019 changes).
Another reason why some US DUI offenders are denied entry to Canada is that they do not realize that a person may be criminally inadmissible to cross the border while waiting for legal proceedings. Once a person has been arrested for an alcohol-related driving violation, he or she is not permitted entry into Canada without special permission until a court disposition determines "no conviction" on all DWI charges. If
the court judgment is delayed because of deferred sentencing, the accused may need a Canada Temporary Resident Permit to visit the great white North in the meantime. Once an individual has fulfilled all the conditions of their deferral program and has docs proving that the legal court finding was "no conviction" they may be once again allowed to enter the country without a TRP. Paying a court-imposed fine in installments can delay a person's ability to apply for Canada Criminal Rehabilitation since
eligibility does not begin until five years after completion of your full sentence including payment of all fines and restitution as well as the reinstatement of driver's license. After five years a person is given the ability to submit an application for Canadian rehabilitation, and provided officials are satisfied that the individual has reformed their personal and professional life they may be forgiven of their past crimes and permitted enduring access to the country.
TRP applications can be submitted to specific Canadian visa offices in the United States, and can even be presented at the US-Canada border or Port of Entry in a crisis. The
instant adjudication of the application is a major perk of applying at the border, but the risk of refusal leading to the applicant being
turned away is a major downside of this method. The only downside of applying for a Temporary Resident Permit at a Canadian consulate or
visa office is the long processing times that can occasionally run over six months in some cases. With the exception of emergency situations, this is the application method that should be used. In our experience, standard processing
times are typically as fast as 3-4 months. An efficient way of applying for a TRP ahead of time
is with the help of an experience Canada immigration lawyer. An attorney can help you apply for a Temporary Resident Permit in an effective manner, while letting you
sleep easy at night knowing you have a trained professional advocating on your behalf. If you suspect you may encounter
an inadmissibility issue when attempting entry into Canada, we encourage you to contact our team as early as possible before
your scheduled visit to Canada!
Other Common Reasons Americans Are Refused Entry
Having a criminal record is a major reason why US citizens are refused entry into Canada.
Other common reasons are no proof of income, no proof of employment, no proof of sufficient funds, no proof of residency in the USA,
no proof of ties to the USA, and no international health insurance. To avoid being denied entry into Canada for "not enough ties to home
country", it is important to bring supporting documentation to prove you do in fact have sufficient ties to your home country such as family, a
house or apartment (mortgage or lease), enrollment in a school, or a job. To avoid being denied entry for not enough funds, ensure
that you have enough money in your bank account to sustain yourself for the entire duration of your trip, and bring supporting
documents or have the ability to log into your online bank account on your mobile phone.
Having insufficient funds is one of the more frequent reasons why people are denied entry into Canada, so it is very important for people to take extra steps to be able
to prove they can afford their trip, and obviously the longer the scheduled visit, the more money an individual will be required to
have. Even if you will be "getting paid" or "receiving money" in the near future, if your bank account is depleted when you attempt to cross the border
you risk being refused entry. It might sound ridiculous that Canada requires
residents of a country as rich as the United States to prove they can afford a trip. The Canadian government is simply trying to prevent certain
foreigners from entering the country that they deem are likely to either work illegally or strain the country's social programs (such
as homeless or unemployed Americans potentially attracted to Canada's socialism or oil money). It is also important to have health insurance coverage valid in Canada, also called Canadian
travel insurance, before attempting to visit the country, and border officers will often ask about this. A lot of traditional American
health insurance plans do not cover out of country medical expenses. Consequently, if you do not have a MasterCard or VISA credit card that offers
emergency medical coverage you might have to purchase insurance before visiting Canada, especially if you are a senior.
A little known reason for some Americans to be denied entry to Canada is because of gang ties. Anyone who is deemed to be associated with
organized crime, even loosely, can be refused entry into Canada. This has happened to numerous US musicians over the years, and many rap
concerts have been canceled because the performer was not allowed to enter the country. Protesters and activists coming to Canada may be forbidden entry at the border if it is suspected that they
may cause public disorder. Also, being denied a NEXUS card can bring your criminal past to the attention of the Canadian border, which
could lead to you being denied entry on your next visit. Visiting Canada even after receiving a pardon or
discharge for a crime can still be tricky. Occasionally, a state or county where you were convicted "pardons" or "discharges" your
crime. This does not automatically mean you can enter Canada normally, however, and you should still contact a qualified legal professional
to see if Canada will accept your pardon. At the end of the day, you can Google "can you go to Canada if you have a DUI?" and read all the information a million times, but ultimately the answer is at the total discretion of the border agent who considers
the person's unique situation particularly how long ago the DUI transpired and the reason for traveling to Canada. The legality of DUI travel to Canada is the exact same regardless of what method of transportation you use, and flying into Canada with a DUI does not
increase a person's probability of getting in. There is also no sex preferential since both males and females are equally capable of drinking and driving while visiting Canada. In summary, "can you travel to Canada with a DUI?" is not a yes or no question, "it depends" is the correct answer. Travel to Canada with DUI on your record is possible as long as you are not criminally inadmissible, but as explained above
Canadian admissibility can be tricky to determine.
Although these migration decrees can be bona fide annoying for folks with a USA DWI, always remember Canada is simply trying to keep out potentially objectionable tourists and
is not trying to punish inadmissible individuals personally for having made a blunder in life.
There are examples of people being denied entry even after participating in an expunging program, as well as refusal of entry of individuals who have
been pardoned. Although getting into Canada after a DWI expungement is typically not be a problem with the right documentation, mistakes do happen which is why it is always advisable to speak with a lawyer. A legal opinion letter can help explain to the CBSA exactly why a person
is legally admissible to the country after a DUI expungement. It does not matter if a person is traveling with a tour group to see Niagara Falls from the Canadian side, to a wedding
in Toronto with their husband or wife, or even if they are traveling solo to go fishing or hunting in Canada's backcountry wilderness. Any crime on a foreign national's record, even just a
misdemeanor DUI/DWI/OUI/OWI, could potentially result in the individual being refused entry into Canada.
Other impaired driving charges that can potentially make someone inadmissible for international travel are
OMVI (Operating a Motor Vehicle while Intoxicated), OVI (Operating a Vehicle Impaired), DUIL (Driving Under the Influence of Liquor), DUII (Driving Under the Influence of an Intoxicant), DWAI (Driving While Ability Impaired), DWUI, DUBAL, and Wet Reckless. Travel to Canada from US with DUI or similar charges appearing on your file can sometimes be hard, so the best strategy if you do not actually have a criminal conviction
is usually to carry paperwork with you that proves you are admissible to the country. Even a Canadian permanent resident with a DUI can become ineligible to freely leave and re-enter the country if their admissibility status changes. Whether you have a first-time DUI with
no injuries and need to travel to Canada for business, or you are an individual with permanent residency status who needs to return to their job in Canada, phone our team today to see how our experienced Immigration Lawyer can help.
Some of the supporting documents required to support a TRP or Criminal Rehabilitation application are multiple letters of
recommendation, a drivers abstract, a police record, and a letter written by the individual explaining why they did what they did and how
they have changed and no longer pose a risk to society. Applicants may also need a document from their local Police stating that there is not a warrant out for
their arrest. As part of the approval process, the Canadian consulate may perform a deep background check on the individual in an effort to find any
other crimes they have ever committed. This can include crimes such as mischief, reckless driving, assault, battery, child abuse, drug trafficking, fraud, possession of
marijuana, possession of cocaine, domestic violence, firearms offenses, or even writing a bad check. Possession of a controlled substance is one of the more
common crimes in America, and similar to a first offense DUI can render a person inadmissible to Canada. People occasionally get discouraged believing that they are banned
from Canada for life because of their past crimes. It does not matter what crimes a person has committed in the past, if they successfully petition the Government for entry permission, visiting Canada with a DUI or criminal
record is possible.
After an individual completes their drunk driving sentence, there is sometimes conditions imposed on them in order for them to reinstate their
driver's license. Installation of an Ignition Interlock Device or IID is a common one, as are conditional licenses which set restrictions on
the driver such as not having any measurable amount of alcohol in their blood when driving, or only being in their vehicle to and from their
place of employment. If your license is still suspended, you will not be permitted to drive across the border even if you have a valid 2017 DUI entry Canada TRP. Without a driver's license, your only options
will be to fly to Canada or have someone else do the driving.
Canada Border Services Agency (CBSA) can turn away any non-Canadian citizen or permanent resident who wants to visit Canada for a large number
of factors such as health problems, financial issues, past criminal convictions, or because they pose a general risk to security. Immigration officials
determine the admissibility of travelers seeking to enter Canada on a case-by-case basis. Some of the factors used to determine
admissibility are health, serious or minor criminality, security, human or international rights violations, misrepresentation,
noncompliance, and even if any family members are inadmissible. The CBSA is not stupid! If you show up at the border with a
U-Haul trailer packed full of all your belongings and tell them you just want to "visit" Canada, they are obviously going to be very
suspicious of your true intentions. DUI entry into Canada can be a lengthy and complex
process for individuals who would be refused at the Canadian border without rehabilitation or a TRP waiver. Even though reports of famous celebrities such as Chris Brown being stopped at the
Canadian border and sent back to the United States have made the news (including celebrity gossip website and TV show TMZ), public knowledge in the USA about Canada DUI entry laws is still fairly low. A significant percentage of Americans who are criminally inadmissible to Canada are completely unaware that there are DWI and DUI
travel restrictions, and most people have no idea that the Canadian border can potentially see your US DUI punishment thanks to criminal database sharing between the two countries. Even people that live close to the Canadian border such as residents of Northern Washington State who regularly cross the border into BC are not always aware of Canada's DUI entry laws, rules, and restrictions.
Many recent criminal convictions will render an individual inadmissible to Canada, including a conviction for drunk driving
(DUI or DWI). In some cases, even crimes such as disturbing the peace or mischief are enough to cause someone to be refused entry. A person
may be automatically considered rehabilitated ten years after full completion of sentencing for a minor crime, but can apply to be considered rehabilitated after only
five years. People who have been convicted of a serious crime, defined as one that could result in a ten year prison sentence or
longer, are never automatically deemed to be rehabilitated and must explicitly apply for Criminal Rehab (also called
"Individual Rehabilitation"). In Canada, many crimes have a maximum prison sentence of 10+ years to give the judge some leeway, so
always consult with a qualified Canada immigration attorney before assuming your crime is not considered to be serious in
Canada. Remember, if you show up at the Canada-USA border with a conviction that is more than ten years old but is considered
a serious offense in Canada, you may still be refused entry since you will not automatically be deemed rehabilitated! It is also
important to remember that the time-period does not start until you have finished serving your sentence (including all jail time and probation) and paid all fines.
DUI Entering Canada
Going to Canada with a DUI for work or even leisure can potentially be easy if you plan ahead and get a permit issued in advance of your travel. Unfortunately, many American citizens and residents do not realize
that a DWI can result in Canada denying them entry. Even if you ask the average DUI attorney in the United States "can you get into Canada with a DUI?" some of them
will not know the answer. If you are criminally inadmissible because of a DUI but you only learn about the Canada DUI entry laws shortly before your trip, you will have no choice
but to cancel your travel plans or apply for a TRP on the spot while crossing the border. The second option is potentially a risky manoeuvre. When it comes to crossing into Canada with a DWI, a foreigner's TRP or Criminal Rehabilitation application should contain details of what lead to the initial arrest. For
example, being stopped at a random police roadblock is different than if a state transportation authority police officer or county sheriff identified the person's vehicle as traveling at excessive speed or crossing double lane lines and consequently performed a traffic stop and standard field sobriety test to
determine if they were drinking and driving. If a person has any type of DUI or DWI on their record, they potentially risk
getting stopped at the Canadian border and denied entry to the country. If you have two DUIs and get a third, of if one of your two DUIs was the result of a car accident or even just a small fender bender, you
may get charged with a 3rd degree DWI which can make DUI Canada travel even more difficult. For people wondering how to enter Canada from USA with a DUI, it is imperative to recognize that a second offense DWI often makes it much more difficult to be approved for a Temporary Resident Permit since it will be harder to convince immigration officials that you have reformed.
DUI Entry Canada - Temporary Resident Permit
You can only go into Canada if you have a DWI causing you to be criminally inadmissible if you are issued a Temporary Resident Permit (TRP) or are considered rehabilitated by the appropriate government office. Restrictions on entry to Canada prohibit
foreign nationals from crossing the Canadian border with a criminal record that renders them inadmissible due to criminality. Canada denying
entry for DUI is commonplace, so it is smart for people to avoid such an endeavor unless they have a plan to fix their admissibility troubles. One repeatedly asked question
is "can I fly through Canada with a DWI?" When it comes to Canadian immigration and drunk driving admittance, equivalent Canada DWI laws is the only factor that
can differentiate a person's eligibility to cross into Canada. When it comes criminal inadmissibility, there is no difference between driving to Canada, flying to Canada, or flying
through Canada; in fact, non-admissible individuals cannot even have a short layover at any Canadian airport while in transit between countries unless the Government sanctions it.
If you were refused entry to Canada at a border crossing but are unsure why, it may be possible for a
Canadian immigration attorney to request on your behalf the notes that
accompany your file via the Global Case Management System (GCMS). In countless situations, a person with a DWI conviction applying for a Temporary Residence Permit Canada at the border may be refused a permit and denied
entry to the country because they do not have a valid enough reason for visiting the country or because of another immigration violation. To justify receiving an emergency TRP at the border, a person's circumstances for requesting criminal entry should be dire and
the individual should otherwise be admissible to the country. In some cases, officials may have been willing to issue a Temporary Resident Permit had the person otherwise been eligible for entry. Reasons other than
criminality can cause the individual to be denied entry however. Examples include intending to work in Canada without the required consent, or other potential concerns of immigration staff such as lack of funds or lack of ties to the United States.
Anyone inadmissible to Canada for health, criminal, or security reasons is only permitted to enter Canada with special permission. For
visitors entering Canada with a Temporary Resident Permit, it is not possible to renew a TRP once the validity of a permit is
finished. Since there is no such thing as a TRP renewal, individuals who require future admittance to Canada but are not yet eligible for Rehabilitation can reapply for another permit which is one of the reasons why the
permanent solution of Streamlined Rehabilitation is so attractive.
DUI Canada Immigration Success Rates
No Canadian immigration law firm or consulting firm should ever speculate
on the exact percent chance someone has of being granted a TRP. Doing so would not be reputable, and is typically
against Canadian bar society rules. Each and every case is different, and it is very possible
for one American with four DUIs to be granted entry, and another on the same day at the same border
with only three DUIs to not be approved for entrance. An incomplete CIC application form, lack of supporting documents, or the
officer's personal opinion or gut instinct can all have a sizable impact on
the final outcome. A person's reason for coming to Canada can also play a decisive role. If you are an artist, actor, professional athlete, musician, or entertainer, or
are traveling to assist one, phone our team today
to learn how you can apply to be granted entrance to Canada with a DUI via a "national interest"
narrative. Tour managers, security personnel, stage hands, publicists,
band members, light or sound technicians, coaches, and documentary filmmakers can all potentially
apply under this narrative. Canadian entry with DUI is often required
by people whose occupation sometimes demands they travel north of the border. From a California computer programmer needing to attend a mobile app development conference in Vancouver, to a New York investment banker trying to land a deal with a Bay Street hedge fund in Toronto, there are thousands of reasons for crossing the Canadian border with a DUI as a business professional. Our team also
has experience helping airline staff fly to Canada with a DUI and commercial truck drivers cross the border with a criminal history. We have also helped many entrepreneurs travel to Canada with a DWI, as well as people that own real estate in the country.
How to Get a Temporary Resident Permit
There are several reasons why a TRP application may be refused. Your DUI could have occurred very recently, the immigration official might
believe you will re-offend, or you might have overstayed on a previous visit to Canada. You may also be inadmissible to Canada for a reason other than the
ones you listed on your TRP application. Your passport could also be expired or expiring soon, or you have may failed to disclose your criminal
record at the border during a previous attempt to visit. The punishment for overstaying a Canadian visit can be severe, so whether or not you are traveling
on an issued TRP make sure you do not stay in the country for longer than authorities will allow you. If you have already had a TRP issued in the past, it can become increasingly
difficult to justify why you need another one. Even if you upheld all the conditions and obligations of your previous TRP, getting a second
or third permit can be tough so aim to have your first document cover you for as long as possible if you plan to enter and exit Canada
several times in the not too distant future. If you are eligible for Criminal Rehabilitation, immigration officials will not be as inclined to issue you a long-term TRP. The CIC procedure manual states
"officers should not consider issuing permits if they believe that frequent travelers, or persons likely to return to Canada in the future, are eligible for rehabilitation and have not applied for
Citizenship and Immigration Canada (C.I.C.) staff who work at inland offices have policy and procedural guidelines that they must follow. These
policies cover issuing Temporary Resident Permits to allow Americans who are inadmissible to enter or remain in Canada. The policies also cover
the cancellation, expiry, or extension of permits, as well as granting permit holders with permanent resident status. Ports of Entry and
Canadian visa offices abroad handle the issuing of a Temporary Resident Permit. The Immigration, Refugees and Citizenship Canada (IRCC) enforcement division handles the removal of persons from Canada, such as
wanted fugitives or individuals whose TRP and Canadian residency status has been canceled by authorities. Any persons who do not meet the requirements for entry into Canada are refused a visa or
permit abroad, denied at the border, or refused processing within Canada. Unless an officer has a compelling and credible reason to issue a
facilitation travel document they likely will not and they have absolutely no obligations to legally do so. The CIC website offers a permit
extension kit, and TRP extensions cost the same fee as the original permit ($160USD, but this fee amount may change in the future depending on the USD/CAD exchange rate). Getting into Canada with an old DUI is possible in 2017 if a person
takes the proper measures to collect access privilege from the jurisdiction. Temporary Resident Permits can be applied for through the Canadian visa office in
Los Angeles, or can be presented to the CBSA at the Canadian border in emergency circumstances.
If you are scanning documents to be included in a IRCC application, it is important to use a decent quality scanner to ensure document integrity. It
might be tough to receive a favorable decision from an administrator if they cannot even read your biographic information because the image quality
is terrible. There are rare examples of TRP fee exemptions which include cases of a lost or stolen permit. Anyone caught smuggling goods across
the border not only risks becoming unwelcome in Canada; it is very feasible that the vehicle owner will additionally face criminal charges. TRP's are
usually not needed after you expunge a DUI, but you should always consult with a qualified Canadian immigration lawyer to find out for certain. While a record clearing
hearing expungement document can help prove to immigration officials that you are now admissible to Canada, admittance is invariably at the unexpurgated discretion of the border security officer. While it may
be feasible for an individual to go to Canada with a sealed DUI expungement, a legal
letter of opinion can help justify to Canadian border guards why he or she should be admitted to the country with an expunged DUI conviction.
If you are a foreign student with a "Driving Under Influence" conviction, you may need Criminal Rehabilitation or a Temporary
Resident Permit that gives you permission to be in Canada long enough for you to finish your course. Since TRPs are issued for a pre-determined length of time, you need to think about how long you plan on studying in Canada when applying for one. It may
be possible to require both a TRP and a Temporary Resident Visa (TRV) if you are criminally inadmissible to Canada and a citizen of a country that does not enjoy visa-exempt status. The only visitors permitted to work or study in Canada are those who have been issued a work permit or study permit, all other foreign nationals are unable to seek employment legally or go to school while in the country. Americans
who were issued a TRP that will not be valid for much longer may be reading this wondering if they can get into Canada with a DWI if their TRP is expiring. The answer is yes, as long as they will be leaving Canada again before the permit
expires. If you are in Canada and cannot leave until after your Temporary Resident Permit expires,
you must apply for a TRP extension. Depending on the application form you use, you may need to select the "extension of temporary resident
permit" option. If you do not leave Canada in time, you will
be considered unlawfully in the country which is a violation that can affect your future ability
to cross the border.
If you booked a vacation to Canada, such as a fishing trip, hunting trip, or skiing trip, without realizing that you were barred from going
into Canada due to your record for driving under the influence, then you may be interested in fast legal help. This can be particularly true if the vacation is non-refundable
or you paid a substantial deposit. In situations like this, economic considerations can come into play potentially helping to improve the chances of a
candidate being permitted entrance. Rather than fear or threaten border officials, there is a way to potentially travel into Canada with a DWI when have pre-paid for a Canadian vacation without
realizing you were criminally inadmissible. The most effective way is to politely present a well-prepared and fully compliant TRP application submission to the visa officer that mentions these circumstances and then
just relax and answer their questions honestly. Anger management and charitable donations are sometimes part of a DUI plea deal, but not all creditable charities are happy to accept money if the donation is the result of a court order. One famous United States based charity, MADD (Mothers Against Drunk Driving), is known to often
refuse donations made by any donor officially associated with alcohol (such as a bar, pub, or nightclub owner).
For a resident of the United States to have their driving privileges reinstated after they have been suspended due to drunk driving, an SR-22 form may be required. SR
stands for "safety responsibility", and the document simply verifies that the person has car insurance and is filed with the Department
of Motor Vehicles (DMV) directly by the auto insurance company. Although the SR-22 certificate does not cost much, insurance companies
typically only charge a small filing fee of $50 or less, requiring one can often lead to higher insurance rates. This is because the SR-22 requirement is
often seen as a "red flag" by insurers, and consequently such a prerequisite when shopping for car insurance coverage can raise your risk profile and
increase the auto insurance quotes you receive.
If you are a criminal, especially if you are classified as a felon, infiltrating another sovereign nation might be impossible depending on
which country you desire passage into. Drunk driving penalties vary from one state to another, as do the probation requirements for individuals
who have been offered deferred prosecution since it was their first alcohol-related driving offense. In many international travel situations, however, the
exact statute you have been convicted under in the United States of America as well as the terms of your sentence do not matter much; it is the local equivalent
law that affects border adequacy. If you are unsure of your suitability for visiting a country with a criminal record, an attorney with
competence in that country's immigration laws can likely help you prepare for a fruitful entrance.
People who drink and drive and then are arrested may be ineligible to travel through the border regardless of whether it was a first time DUI
or a repeat offense. Even if you avoid a conviction because a field sobriety exercise or breath test was not administered correctly, the original
arrest may still be visible to border staff, and you may be required to prove that you are eligible to enter. It does not matter if you were
drunk on beer, vodka, scotch, rum, whiskey, rye, wine, or simply stoned on legal marijuana edibles, driving under the influence of an
intoxicating substance is illegal in every state and can create problems when flying to Toronto or other Canadian airports. If you have one
misdemeanor on your record, ten years must pass from the time you completed your sentence to not require a TRP to cross the border, and
even then you may incur difficulties. A United States resident with a felony record or a 2nd, 3rd, or 4th DUI will never be automatically deemed rehabilitated by
virtue of time, and will still require entrance permission decades later.
Can You Get a Canadian Work Permit If You Have a DWI?
Criminal records can prevent a foreign national from becoming authorized to work in Canada unless he or she can overcome their
criminal inadmissibility by way of a TRP or rehabilitation. Even a crime that occurred 30 years ago can impede an Americans ability
to obtain a work permit unless they have first obtained criminal entrance permission from the CIC. In
addition to study and work permits, a DUI can hinder a person's Express Entry application even if they are highly skilled and have received
a job offer in the country already. The only way a foreigner who is ineligible to enter Canada due to criminality can legally work in the
country is to obtain both a permit to work as well as a Temporary Resident Permit or Rehabilitation.
What Documents Are Required to Apply for Criminal Rehabilitation or a TRP?
Applying for a Temporary Resident Permit and applying for Criminal Rehabilitation require many of the same documents!
The Act of Parliament and the Contraventions Act are the laws that outline the specific rehabilitation process for each criminal
offense. For people who have been convicted of a felony but want to gain permanent entry to Canada, they must apply for Criminal
Rehabilitation via Citizenship & Immigration Canada Form IMM 1444. This involves a plethora of paperwork as heaps of legal
documents must be included as part of the application process. These docs generally include an original FBI
certificate as well as a state police certificate or letter from a police authority in every state lived in for six consecutive months or longer
since turning 18. Other documents include a letter from the court, proof that all fines, fees and restitution have been paid, a letter
from probation officer stating that all sentences have been completed successfully, as well as a
letter stating that civil rights have been fully restored. Citizenship and Immigration Canada offers document checklists for most of the immigrant forms
on their website. If you are wondering what documents are required to cross the border as a criminal, you can find the Temporary Resident Permit checklist and Criminal Rehabilitation checklist
here. When viewing the Temporary Resident Permit document checklist, it is easy to
get overwhelmed at the number of documents that must be provided as part of a TRP application or Rehabilitation application.
Obtaining your state criminal background check does not usually take too long, but you must capture your fingerprints to get your original FBI criminal background check. This can be done in two ways - you can capture and electronically submit your fingerprints at a live scan location, or you
can make an appointment with your local, county, or state law enforcement agency to have your fingerprints ink-rolled on a fingerprint card.
The sheer complexity of managing this extensive application process while balancing a full-time job and other responsibilities is why many people hire a Canada immigration
lawyer. It is important to have a complete and accurate application as many people simply do not want to
risk jeopardizing their entrance to Canada. There are also optional documents such as character reference letters or letters of recommendation from upstanding individuals that can help improve
an application's strength. Skilled Canadian immigration lawyers will not only make the
entire process much easier, they will also help strengthen your application to maximize your chance of successful admission to Canada. In addition to legal guidance, the CanadaDUIEntryLaw.com team can also save our clients time by providing them with a list of nearby fingerprint scanning locations that are Livescan service providers certified by the state.
What Are the Chances of Entering Canada with DUI?
When evaluating whether or not to bother applying for a TRP, many people ask themselves "what are
the chances of entering Canada with a DUI?" The real question is, what are the consequences of
being denied entry to Canada? If a person is just taking a short vacation across the border,
perhaps they are willing to accept the risk of being refused entrance. If a person wants to go to Canada
with a DUI to attend a business function, however, their risk tolerance likely goes way down. If
you wish to secure admittance before attempting to cross the border, the lowest stress route is
obtaining advanced entry permission from the Government via a TRP or Rehab.
What Questions Does the Temporary Resident Permit Application Form Ask?
Every single question on the TRP application form must be properly answered or the applicant risks not being issued a T.R.P. Whether you are using Department of Citizenship and Immigration Canada Form IMM 5708 "Application to Change Conditions, Extend My Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder", or
CIC form IMM1444 "Application for Criminal Rehabilitation" (download name imm1444e.pdf on the CIC website), if you submit an incomplete application you may be denied.
The very first question on one of the potential TRP application forms (technically referred to as CIC IMM5708 form) asks if you are applying for
an extension of temporary resident status, a restoration of temporary resident status as a visitor, or an initial Temporary Resident Permit or Temporary Residence Permit extension. The form then asks: family name,
given name, nickname / maiden name / alias, sex, date of birth, place of birth (city and country), citizenship, current country of residence, previous countries of residence, marital status, current name of spouse
or common-law partner. Native language, if you are able to communicate in English or French, passport number, country of issue, issue date, expiry date, current mailing address, residential address, telephone number,
fax number, email address. Date and place of original entry to Canada, purpose for coming to Canada, date and place of your most recent entry into Canada, document numbers of your most recent Canadian Study Permit, Work Permit, Temporary Resident Permit,
or Visitor Record (if applicable). How long you plan to stay in Canada (and approximate entry and exit dates), funds available for stay (in Canadian dollars), who will pay for your expenses. Name, address, and relationship of any persons or institutions you will visit while
in Canada. Any post-secondary education you have received, including school or facility name, duration of training, and city and country where the studying took place. Detailed employment history from the past ten years including occupations and employer names. Background information
including any physical or mental disorders which might require social or health services, or if you have any family members with tuberculosis. If you ever overstayed a previous visit to Canada, studied or worked in the country without authorization, been refused a visa, or been ordered to leave Canada. If
you have ever committed, been arrested for or been charged with or convicted of any criminal offense in any country, and if the answer is yes what the details are. If you have ever served in the military, or been a member of a security force, police force, or a violent political group.
The TRP Document Checklist contains an easy to understand list of everything that must be attached to the application form. This includes a photocopy of your current immigration document, two recent passport-sized photos, photocopy of your passport, photocopies of all your identity documents such as
citizenship certificates, alien registration cards, birth certificate, etc. It is also extremely important that you include a copy of all documents related to your criminal convictions, as well as evidence of action taken to resolve your inadmissibility (such as alcoholics anonymous or other counseling or rehabilitation programs).
Canadian immigration lawyers can assist with providing the evidence immigration officials are seeking in order to consider you
a changed man or woman who does not pose a threat to society if allowed into Canada.
It is also important that people do not confuse the Temporary Resident Permit form with the Temporary Resident Visa application form as the two are completely different. People from non-visa-exempt countries who are searching "can I get into Canada with a DUI?" may need both a TRP and a TRV
to be permitted Canadian entry. Individuals living in the United States that are citizens of a country normally required to attain a visitor visa to travel to Canada may be permitted to cross the Canadian border without a tourist visa provided they are
legally resident in the US. Just because a person is an international student in the USA or a green card holder, however, does not mean they will not be considered inadmissible to Canada if they have a DUI on record. The rules for Canada entry DUI are the same for all foreigners, whether you are from California, Australia, or India.
Many Americans who attempt to locate the TRP form on the CIC website
end up finding the Temporary Resident Visa (TRV) form instead, which is not the proper immigration form for criminally inadmissible individuals from visa-exempt countries such as USA (both PDF documents are available on the CIC website). The instructions
on one section of the CIC website also do not include a link to an actual form online and instead say "the visa office responsible for your country may have its own application form for temporary resident permits." When it comes
to government fees, if the offense constitutes non-serious criminality then the processing fee charged by the government for Criminal Rehabilitation is only 200 Canadian dollars or 155 US dollars (based on the 2017 exchange rate). If it constitutes serious criminality, the fee can be $1000 CAD because the minister will need to review the case.
Canada and DUI Entry
Many people search the Internet for DUI and Canada entry in an effort to figure out their chances of getting into Canada with a criminal
record. We not only offer free consultations to people looking to fly into Canada with a misdemeanor or felony intoxicated driving
conviction, we can help foreign nationals with just about any Canadian criminal inadmissibility issue. Whether a person has a conditional discharge drug possession or
is a Temporary Foreign Worker wondering how a DUI in Canada will affect their immigration status, call us today for a free consultation.
An experienced Canadian admissibility lawyer can help Americans with excludable offense admission to Canada by assisting them with the procurement a Temporary Resident Permit.
We update this website weekly, so if you are yearning to learn about Canada DUI entry 2017 changes as soon as they happen, we suggest you
bookmark our website and refresh it regularly. The US dollar is now extremely strong compared to the Canadian dollar (at the current exchange rate, 1USD is worth about
1.35CAD) making trips to the country notably cheaper than they have been for almost a decade. An increase in American visitors, however, does not
make it any more likely that border officials will stop denying entrance to inadmissible people with DUI's. Boating while intoxicated is akin to drunken
driving when it comes to Canada's immigration policies for foreign nationals with a criminal record.
If you have ever been charged with intoxicated driving, you could be barred from Canada on the grounds of criminality. In addition to drunk driving, other crimes such as writing a bad check, public intoxication, possession of stolen property, petty theft, assault, trespassing at night, disorderly conduct, possession of a controlled substance and filing a false police report can also impact a person's ability to cross the Canadian border. Temporary entry can be granted to foreigners who have been charged with such criminal offenses thanks to a special "waiver" or permit called a Canada TRP. Requesting a blanket waiver valid for multiple entries spanning a 24-month window is possible at a Canadian consulate in the United States. In urgent cases, a request for instant relief can be made directly at a land border or a Canadian airport. Even if you "beat" your case and the criminal charge was subsequently dismissed, it is critical to have robust paperwork to substantiate your Canadian admissibility.
The inability to fly to Canada to attend a trade show due to a DUI allegation can jeopardize a person's employment. Consequently, it may be wise to attain legal help from a licensed practitioner when applying for a Canada DUI entry waiver. Our core practice area is admissibility, so we are very familiar with the immigration regulations that can bar you from traveling to Canada. Never underestimate the complexity of determining how a crime committed in the United States translates to the Criminal Code of Canada. For example, there is not always an equivalent offense under Canadian federal law. The presumption of innocence until proven guilty, a core judicial principle in both the United States and Canada, also does not apply as the Canadian border. As a result, law-abiding citizens with pending charges for an offense that could be considered indictable north of the border could be barred from entry into Canada even in the absence of a conviction.
Does Retaining a Canada Immigration Lawyer Guarantee Success?
As the old saying goes, the only true guarantees in life are death and taxes. While Canada immigration lawyers
can help inadmissible individuals gain entry to Canada by preparing an effective CIC application
under the circumstances, no legal professional has complete control of whether or not an individual
is successful in entering Canada. Several factors can come into play such as the interview process
with Customs or Consulate officials as well as complicating circumstances. Examples of circumstances that can complicate things include
having been already denied at the border, multiple DUIs or other criminal history, or a car accident causing personal injury or property damage; all of which are
ultimately up to the discretion of immigration officials. In other words, a licensed Canada immigration attorney can
prepare a Temporary Resident Permit or Criminal Rehabilitation application that maximizes their client's chance of success, but whether
or not the person is granted DUI entry as a result of that application is a decision that is solely up to Government authorities.
This being said, a professionally prepared application by a qualified Canada immigration lawyer will ensure
the highest probability of victory possible for an American with a DWI who wants to visit Canada. While admission is never assured when
traveling internationally, qualified Canadian immigration lawyers can prepare an application that
will maximize the chances of a successful result. No Canadian immigration law firm can guarantee success, however, and any
lawyer or consultant that promises you 100% guaranteed successful entry into Canada should not be trusted.
When selecting a legal professional to assist you, keep in mind that Canadian immigration is a
tremendously broad field of law and that many Canadian immigration lawyers may have
never worked on a criminal inadmissibility or Canada DUI entry application before. This is one of the many reasons why you
may consider choosing a legal professional who practices Canadian immigration law and has experience
in assisting Americans enter Canada with a DUI or other criminal record.
DUI and Entering Canada
If you have a DUI can you get into Canada? It is one of the most popular questions
our law firm is asked, and it is a common reason for American tourists to
research travel restrictions to Canada.
Admissibility is a complex matter, however, and
factors such as how long ago the drunk driving offense occurred play a role in determining
if a person is eligible to cross the border. A "Canada DUI Waiver" or TRP can enable a guest
to visit the country with a criminal history that would otherwise constitute them as ineligible.
Without one, foreigner visitors risk a border refusal if they are inadmissible due to criminality.
Anyone immigrating to the country can also be rejected due to intoxicated driving because criminal ineligibility blocks suitability across
all of Canada's immigration programs.
Foreigners who are not allowed to go to Canada because of a DUI can even
run into issues if they have a connecting flight through Canada.
DUI Canada travel restrictions apply to all foreign nationals including American citizens
and US Green Card holders. Canadian citizens, on the other hand, can always enter Canada with a DUI without worrying
about being blocked by border security. A DUI can affect a Canadian permanent resident's ability to travel
internationally, however, and can even affect their ability to become a citizen and obtain a Canadian
passport. Likewise, foreign nationals with a criminal record for driving while impaired can be refused a Canadian student visa
or work permit, and can have their Express Entry Canada PR application rejected.
Border requirements for aliens visiting Canada endeavor to control the introduction of people with a history of illicit behavior into the country's society.
DUI entry Canada rules are essentially the same for all alcohol-related motor vehicle convictions including DWI, OVI, OWI, DWAI, DUID (DUI drugs) as
well as wet reckless driving. Even a driving without due care and attention, dangerous driving, or improper driving on your record could be an
obstacle at the Canadian border especially if alcohol or drugs were involved. DUI Canada entry is only possible with an authoritative endorsement
from the CIC unless it has been longer than ten years since an individual got done probation for their one and only misdemeanor conviction. A DUI entering Canada without
permission does not just jeopardize the offender's admission, all related parties traveling with that person may also be denied entrance.
Not all alcohol-related driving violations or DWIs are equal. A basic driving while intoxicated charge that was pleaded down to reckless driving is generally much less serious than
DUIs that involve motor vehicle collisions, especially ones attached to additional charges such as dangerous driving causing death. Previous
immigration violations, such as multiple border denials, can also make it more problematic to collect Canadian entrance permission successfully by virtue
of a Canada TRP. Violent criminal offenses such as assault, or drug related crimes that culminated in prison time, can also make getting into Canada a
more tenacious process.
Does OB 389 Make It Easier to Visit Canada with a DUI?
Canada enacted temporary policy Operational Bulletin 389 beginning March 1, 2012, as part of their "Tourism Facilitation Action Plan" (TFAP).
OB 389 is a policy exemption that may allow some Americans into the country via a free one-time Temporary Resident Permit. While
receiving a TRP via the new legislation would save a U.S. traveler the normal $200 government fee, the criteria for getting approved for the permit
is still as strict as always. To be eligible for a TRP, "your need to enter or stay in Canada must outweigh the health or safety
risks to Canadian society, as determined by an immigration or a border services officer." OB 389 does not make it any easier to justify to
border agents why Canada should let you visit, but it can potentially make your trip cheaper if you are willing to gamble and apply for a permit
at the border. For the most part, OB 389 is rarely applied if the person was aware of their criminal inadmissibility before reaching the border.
There are inherent risks to applying for a TRP at the border instead of applying for one beforehand. First and foremost is the fact that
if your Temporary Resident Permit application is not approved, you may be denied entry to Canada. This can be remarkably shameful, and
can also result in mortifying ramifications for people traveling for their vocation. Missing an important meeting or business conference
in Canada, or not being able to fulfill employment duties in Canada can potentially result in being fired from your job. If you are traveling with
family, being refused entry at the border can also potentially render all family members traveling with you to be considered inadmissible to Canada
and denied from entering (this applies to a person's spouse or common-law partner, and any dependents). To mitigate these risks, many American travelers hire a Canadian immigration lawyer to
prepare their TRP application professionally. When possible, it is also advisable to apply for a TRP before your intended date of travel
so that you know in advance whether or not you will likely be permitted entry. If you live in Seattle, Detroit, Buffalo, or another US city that is extremely close
to Canada, or you cross the border frequently, definitely consider applying for Criminal Rehabilitation in addition to a TRP if you are eligible. Since CR is permanent, you will not have to keep
paying money every time you want to visit Canada, and you never have to worry about being approved for a new permit either since it never expires.
Does It Matter Where in Canada You Intend to Travel?
Successfully entering Canada with DUI charges does not necessarily depend on where in Canada
you plan to visit, nor does it depend on your First Port of Arrival (FPOA). Since the
admissibility of someone from the United States of America attempting to enter
Canada is determined by Canada's federal criminal and immigration laws, it does not matter which
province an individual intends to visit. If you plan to use an experienced attorney to assist you in entering the country with a DWI, you
may be happy to know that we have provided our services and legal advice to hundreds of Americans interested in Canada immigration
with a DUI. Our Canadian immigration lawyer is licensed to
practice in Canada and can help people enter every province & territory in Canada including British Columbia
(BC), Alberta (AB), Saskatchewan (SK), Manitoba (MB), Ontario (ON), Quebec (QC),
New Brunswick (NB), Nova Scotia (NS), PEI (PE), Newfoundland (NL), Yukon (YT),
Northwest Territories (NT), and Nunavut (NU). This means the CanadaDUIEntryLaw.com team and our
Canada immigration lawyer can help you with DUI travel to Canada regardless of your destination. It also does not matter which specific
Port of Entry you arrive at, whether it be by car or bus at a
land border, by plane at one of the many Canadian airports, or by cruise ship in
Vancouver or Halifax.
If you are sitting there reading this wondering "can I enter Canada with a DUI?" we encourage you to call us today to get real answers
to your questions thanks to our free 1 on 1 consultations with a lawyer. Our goal is to help make traveling to Canada with DUI as easy as