Entering Canada with a DUI Record Made Simple

Entering Canada with a DUI Record

Trying to enter Canada with a DUI (driving under the influence) charge or conviction can be challenging.
Under Canadian law, a DUI counts as a serious criminal offence. If you are not a Canadian citizen, this can make you criminally inadmissible, meaning border officers may deny you entry.

However, the good news is that you can take legal steps to resolve this issue before you travel.

Step 1 – Understand Criminal Inadmissibility

Start by understanding what criminal inadmissibility means.
Only Canadian citizens have the automatic right to enter the country.

Foreign nationals — and even permanent residents — can lose entry rights if they have criminal charges or convictions.
You can be considered inadmissible for:

• Pending charges
• Warrants
• Arrests
• Past convictions

If you try to cross the border before resolving your inadmissibility, officers can turn you away or issue an exclusion order — a temporary ban on entering Canada.

In short: Don’t travel to Canada until you have legally resolved your inadmissibility.

Step 2 – Identify the Canadian Equivalent of Your Offence

Next, find out how Canadian law defines your offence.
This step matters because it determines the severity of your case and the type of remedy you can apply for.

Penalties and rehabilitation options differ depending on:

• How serious your offence is
• How many offences you have
• When they occurred
• Whether you completed your sentence

Since this process can be complex, it’s wise to consult an immigration lawyer. A legal professional can analyze your case and advise which remedies apply to you.

Step 3 – Choose the Right Option to Overcome Inadmissibility

Depending on your situation, you can overcome or bypass inadmissibility in several ways.

Option 1 – If You Have a Pending DUI Charge

If your DUI case is still in progress, request a Legal Opinion Letter from an immigration lawyer.
This letter:

• Explains your legal situation
• Cites relevant Canadian laws
• Argues why you should still be allowed to enter

Although it’s not mandatory, this document often strengthens your case and helps immigration officers make fair decisions at the border.

Option 2 – If You Were Convicted After December 18, 2018, or Have Multiple Convictions

If your DUI conviction happened after December 2018 (when penalties increased) or you have more than one offence, you must apply for one of the following:

• Criminal Rehabilitation: Permanently clears your inadmissibility.
• Temporary Resident Permit (TRP): Grants short-term entry for a specific reason.

To qualify for criminal rehabilitation, you must:

• Finish your sentence at least five years ago
• Show proof of rehabilitation — such as steady employment, community involvement, and no repeat offences

Once approved, criminal rehabilitation restores your right to enter Canada freely in the future.

Option 3 – If You Were Convicted Before December 2018 and Have No Other Convictions

If your DUI occurred before December 2018 and it was your only offence, you may qualify for Deemed Rehabilitation.

This means Canada may automatically consider you rehabilitated after a certain number of years.
You won’t need to submit a formal application.

However, the final decision depends on how much time has passed and the seriousness of your offence.
A Legal Opinion Letter can still help support your case if you’re unsure.

Option 4 – If You Have an Urgent Reason to Enter Canada

If you must travel to Canada urgently — despite being inadmissible — you can apply for a Temporary Resident Permit (TRP).

A TRP allows entry only when your reason for travel outweighs any potential risk.
You might qualify if you need to:

• Escape unsafe or abusive situations
• Seek urgent medical treatment
• Attend a family emergency

A TRP can remain valid for up to three years, depending on your reason.
If you require a visa, you’ll need to apply for both a TRP and a Temporary Resident Visa (TRV).
If you’re from a visa-exempt country (like the U.S.), you can apply for a TRP online or at the border.

Final Thoughts

A DUI or criminal record doesn’t permanently block your path to Canada — but it does require careful planning.

By understanding your options, gathering proper documents, and seeking legal guidance, you can increase your chances of entering Canada successfully.

Key takeaway:
With the right preparation and legal advice, you can overcome criminal inadmissibility and move forward toward visiting or living in Canada. help you move past criminal inadmissibility and start your journey toward visiting or living in Canada.

Get in touch with SPS Global

Receive professional advice on any of your questions regarding Canadian immigration. get in touch with us, experienced immigration consultants from SPS Global. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).