Americans with a DUI need to apply for special permission to visit Canada!

If you are a US resident and attempt to enter Canada with a DUI, you will be refused entry. If you want to legally go to Canada with a DUI arrest or conviction on your criminal record you must apply for special permission via a Temporary Resident Permit or Canadian Criminal Rehabilitation. A Temporary Resident Permit is just a band-aid solution and is only ever issued for 3 years max (but can be valid for unlimited entries to the country during this time). Canada Rehab on the other hand is the ultimate fix to criminality issues at the border, but you have to have finished probation at least 5 years ago if you want to apply for it.


Foreign nationals who have been charged or convicted of a crime may be denied temporary entry to Canada at a border or Canadian airport without a Temporary Resident Permit.  A TRP requires a compelling reason why entry to Canada is requested, and some of the more popular reasons are:

  • Entry for emergency purposes
  • Entry for business, trade, or investment purposes
  • Entry to visit ill family member(s)
  • Entry to visit close family (children, spouse, etc.)
  • Entry to attend event (wedding, funeral, etc.)

In some circumstances a person can even be approved for entry for leisure purposes.  In order to be successful in applying for a TRP, a person must demonstrate to Immigration Canada that they are an unlikely risk to Canadian society.  To have the highest chance of a VISA officer approving your permit, you should submit a strong application with the help of a qualified attorney and should include all relevant supporting documents.  

Canadian Immigration Lawyers

Applying for a Temporary Resident Permit (TRP) so you can legally travel to Canada with a DUI is extremely complex.  Most Americans hire professional help before applying to ensure they get approved!

Guide to Canada DUI Entry 2015

If you want to apply for a Canada work permit or Canada study permit, but you have a DUI on your criminal record, you must obtain a TRP before you can successfully apply for these permits.  If you want to be permitted entry to Canada, your application must convince the CIC that you pose no danger to the Canadian public, and will not be reliant on Canada’s social services while you are visiting.  To help make this case, supporting documentation such as letters of support, recent medical records, and proof of lack of recent criminal activity can help your case.  Requesting a TRP for a short duration tied to a specific event is more likely to be endorsed than one for a longer duration and a more vague purpose.  Although an immigration officer is given total discretion when evaluating a TRP application, there are still basic rules and they are required to act fairly and properly weigh the different factors when making a decision.  If you or a family member have been found inadmissible to Canada, a Canadian immigration law firm can lay your options on the table and help you explore your legal options.  Crossing the Canadian border with a criminal record, whether it's for a misdemeanor or felony conviction, can pose a problem.  It's best to always plan ahead otherwise you risk receiving a refusal of entry at the hands of the CBSA.

 

If a United States citizen or resident has been declared inadmissible, they may still be eligible to visit Canada by obtaining a Temporary Resident Permit to overcome their inadmissibility for a specific period of time.  In order to be approved for a TRP, an American must have a significant reason to need to enter Canada, and most convince Customs and Immigration Canada officials that they don’t pose a threat to Canadians.  If a person is not admissible to Canada for reasons related to their criminal record, they are also not permitted to visit for any study or work related reasons, and are prohibited from applying for permanent resident status.  A TRP allows someone to gain entry to Canada for a specific purpose and for a limited duration, and are available to foreign students, workers, and visitors provided they are not seeking to become a permanent resident of Canada.

 

There are numerous circumstances that may constitute criminal inadmissibility.  One of the most common reasons is that a person has been convicted of an offense outside Canada and less than ten years have passed since they completed the sentence and paid all the fines.  If an individual committed a crime in Canada that’s punishable by a maximum period of imprisonment of 10 or more years (DUIs in any province are one example) then they will be considered criminally inadmissible when attempting to re-enter Canada.  If a foreign citizen is given a 6 month or longer jail sentence in Canada for any offense, then they too will be criminally inadmissible and will be denied re-entry to Canada.  Non-Canadians with a criminal conviction in Canada need to seek a record suspension (used to be called a pardon) from the Parole Board of Canada (PBC) in order to enter Canada again.  Criminal Rehabilitation is a permanent solution to criminal inadmissibility, whereas obtaining a Temporary Resident Permit is only a temporary fix.


It doesn't matter your age, your sex, or which state you resident in - if you have a DWI on your record you will not be permitted to visit Canada unless you receive special permission. Even if you are a passenger in a vehicle and are not planning to drive at all while you are in the country, alcohol offenses are listed as inadmissible. Even people, who take a ferry into Victoria Canada for a walking tour of the area, are turned away if they have been convicted of an alcohol related offense. These individuals do not even have a car with them at the time. Once again classification of the crime does not matter. There are no exceptions for anyone, not officials, guests, fans, or athletes who are coming to the country for a special event. Even former president George W. Bush was required to obtain a special waiver to enter the country because of his drunken driving offense that occurred in Maine in the year 1976. 


Inadmissible to Canada

Will I be Denied Entry to Canada?

Any American with a DUI in the past 10 years is deemed to be inadmissible to Canada. It does not matter if it was only a misdemeanor instead of a felony, or if the charges were reduced to a lesser charge like Reckless Driving. It doesn’t matter if you fly into Canada, take a ferry, or drive across a land border. Even if you were found not guilty of a DUI, your arrest alone could result in you being refused entry into Canada. The Canadian border is extremely tight these days, and the United States gives Canada full access to their criminal databases so it’s so use trying to lie your way in. If you have a DUI pending trial, Canada will treat it as a conviction and deny you from entering. Because Canada treats DUIs more serious than the U.S.A. (they are considered a felony), going to Canada with a drunk driving conviction can be a challenging prospect for anyone with a criminal record.  If you are concerned you may not be admissible to Canada, you can determine your eligibility on the CIC website or by phoning an immigration lawyer.

Many people complain that the Temporary Resident Permit form IMM5708 PDF document will not open for them.  A popular response on immigration forums is that if you can't even figure out how to download the form how do you expect to ever correctly apply for the permit (it is a tricky legal procedure).