If you have previously been convicted of driving under the influence (DUI), you may have difficulty entering Canada.

DUI regulations in Canada are stringent, and when cannabis became legal in 2018, the laws were strengthened even more. It increased the maximum penalty for DUI from 5 to 10 years in prison. As a result, under Canadian immigration law, a DUI is now considered a serious crime. In theory, significant criminality may result in a lifetime prohibition from entering Canada. In practice, there are three major routes to get into Canada after a DUI.

After evaluating the type of offense, the number of times you did it, the severity of the offense, and when you completed your sentence, Canada may allow you to enter the country despite your DUI. Even if you committed the crime years ago, it may still appear on your record when you cross the Canadian border, so it’s best to be prepared. Applying for a Temporary Resident Permit (TRP), Criminal Rehabilitation, or obtaining a Legal Opinion Letter are the three alternatives available to you.

If it has been less than five years since you completed your DUI sentence, you must apply for a Temporary Resident Permit (TRP). The TRP may be valid for up to three years if approved.

You must give Immigration, Refugees, and Citizenship Canada (IRCC) a compelling cause to let you enter the country. The IRCC must determine whether or not you pose a threat to the Canadian public. Due to the subjective nature of the decision-making process, you must submit a well-prepared and persuasive TRP application.

If your DUI sentence was completed more than five years ago but less than ten years ago, you may be eligible for criminal rehabilitation. If your application is successful, your criminal record will no longer be an impediment to reentering Canada as long as you don’t commit another crime.

Because of the passage of time, you may be considered rehabilitated if it has been 10 years or more after your conviction. Your record will be wiped clean, and you will be permitted to enter Canada if you do not commit any other infractions in the future. This option is only available if you have a single minor conviction on your record.

If you are currently facing a DUI accusation but have no prior criminal record, you should be able to enter Canada. In certain cases, however, CBSA officials have discretion and will consider the benefits and dangers of permitting you to enter Canada. If you have a pending charge, obtaining a Legal Opinion Letter from a Canadian immigration lawyer can help you enter Canada since the lawyer can explain to the CBSA why you should be permitted to enter.