Background
If you’re traveling to Canada to visit, work or study, or to attend a business meeting, a professional function, or a family gathering, and you have previously been convicted in the United States or elsewhere of an impaired driving offense such as a DUI (driving while under the influence), DWI (driving while impaired) or DWAI (driving while ability impaired), you are likely to be refused entry to Canada.
As of December 18, 2018, Canada’s immigration legislation reclassified impaired driving as a “serious criminality” offence. The effect of this was to prohibit entry from that date forward to anyone with an impaired driving conviction who was not a Canadian citizen.
However, depending on how long ago the impaired driving offence was committed, the way in which the charges against you were dealt with by the court, and your conduct since that time, there may be ways around this prohibition that would allow you to legally enter Canada even if you have a DUI or DWI conviction.
Let’s look at what your options are.
Temporary Resident Permit (TRP)
A temporary resident permit (TRP) is a legal document which allows someone who is otherwise inadmissible due to a prior DUI, DWI or DWIA conviction to enter and remain in Canada for a fixed period of time. The period of time that the TRP is valid for is stated on the document with three years being the maximum duration available.
In order to obtain a TRP, you will normally be required to make a formal written application to the Canadian immigration authorities. You will have to show that you have a valid reason for travelling to Canada (e.g., attending an important business meeting, a conference, or a family celebration), and that your presence in Canada will not constitute a health or safety risk to Canadians or to Canadian society. As part of the application process, you may also be required to attend a visa interview at a Canadian consulate or visa office.
If your application is approved, your TRP will normally be issued for the period of time that you are required to be in Canada. For example, if you have to attend a conference in Canada which runs for four days, your TRP will be issued for the period of time that you need to be in Canada (four days).
Once you leave Canada, your TRP will no longer be valid unless the document specifically states that you are permitted to leave and re-enter Canada.
If, after leaving Canada, you find that you have to travel to Canada again, you will have to apply for a new TRP.
Since TRPs are normally issued only for single entry visits, they are not be a viable long-term solution if you have to make frequent trips to Canada.
Rehabilitation
If more than five years have passed since you completed your DUI or DWI sentence (including any parole, probation or imprisonment, and payment of any fines assessed against you), you may be eligible to apply for rehabilitation.
Applications for rehabilitation can be very complex. The application will normally require there to be a legal comparison between the foreign laws under which you were convicted, and the equivalent Canadian laws. The application will also require you to provide convincing evidence to show that you have been rehabilitated, and that you are not likely to be a repeat offender, or to engage in other criminal activities.
If your application for rehabilitation is approved, it will restore your ability to enter Canada by allowing Canadian immigration to ignore or look past your previous impaired driving conviction. As long as you do not commit another offence, your status as rehabilitated will remain in effect and you will be able to leave and re-enter Canada without having your previous impaired driving conviction creating a barrier to entry.
Unlike a TRP, an approved rehabilitation can provide you with a permanent solution to overcome your inadmissibility.
Lawyer’s Opinion Letter
If you have been charged with a DUI or DWI outside of Canada, but have not yet been convicted, and you have no previous history of criminality, you may be admissible to Canada.
However, the Canadian immigration officers at the port of entry (airport, land border crossing, or marine port) have broad discretion to approve or refuse the entry of non-Canadians into Canada. Even if you have not been convicted, the officer who examines you when you enter, can refuse your entry.
In these situations, you may want to consider taking with you to the port of entry a lawyer’s opinion letter prepared by a qualified Canadian immigration lawyer which will explain the offence that you have been charged with, the relevant facts relating to the charge, the reasons why you are not inadmissible, and the reasons why you should be admitted to Canada.
Conclusion
The three options outlined above – the temporary resident permit (TRP), rehabilitation and a lawyer’s letter – can be very helpful alternatives, if you wish to enter Canada but have been convicted or charged with a DUI, DWI or DWIA.
Due to their complexity, each of these alternatives should be used judiciously, with assistance from a qualified immigration law practitioner with experience in this area of the law.
