Did you know that a DUI on your criminal record could prevent you from traveling to Canada?
Individuals with any kind of a criminal history, including white-collar crimes or arrests for seemingly small offences, including a DUI may be ineligible to enter Canada due to Canada’s policy on criminal inadmissibility. Be it for work, vacation, or other reasons, thousands of American citizens travel to Canada every single day. However, if you take the proper steps, you may be able to travel to Canada and overcome your inadmissibility.
Having a DUI on your record does not mean you can never enter Canada again. There are a few legal options to make sure a criminal charge does not prevent you from traveling.
A Temporary Resident Permit
If it has been 1-5 years since your latest offence (based on the date of completion of all the terms of your sentence), you can get a Temporary Resident Permit (TRP) to enter Canada. These permits can be used to temporarily overcome inadmissibility for a specific reason on a specific trip. TRPs can be used for business or pleasure travel but are issued for specific dates so do not cover endless travel. You can apply for a multiple entry TRP, but again this will be used for specific trips across the border.
Criminal Rehabilitation
If it has been over 5 years since the completion of your sentence, you can apply for Criminal Rehabilitation. This is a permit that allows you to permanently overcome your inadmissibility so you can travel freely over the Canadian border. However, this permit can take up to 9 months to be processed. If you have an urgent need to travel, we recommend also applying for a Temporary Resident Permit. Criminal Rehabilitation is permanent. Therefore, if you are a frequent traveler, it is a great permit to have. If you commit another offence after being granted Criminal Rehabilitation, your permit will be revoked.
More good news is that, in some cases, criminality might not even affect your ability to enter Canada. If you only have one offence on your record and it has been over ten years since the completion of its sentence, you will be Deemed Rehabilitated. In this specific case, you will have been deemed rehabilitated simply by the passage of time. In cases like this, we do still recommend obtaining a Legal Opinion Letter which is written by a Canadian attorney and certifies that you are in good legal standing under Canadian law. Carrying this letter with you, along with any court documents, is not required but highly recommended to avoid any refusals or confusion at the border.
FWCanada offers all of these services and more! Our lawyers are experts on inadmissibility and the procedures to overcome it. Our Supervising Attorney, Marisa Feil is an expert on Canadian immigration and overcoming criminal inadmissibility. She is viewed by her peers as an authority in the field. For more information on Temporary Resident Permits, Criminal Rehabilitation, Deemed Rehabilitation, and Legal Opinion Letters, please visit our website at www.duicanadaentry.com or call us for a free consultation at 1-855-316-3555.
About the Guest Blogger – Marisa Feil:
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
