Entering Canada with a DUI Conviction
The following is a guest post from Marisa Feil at FWCanada.
According to Canadian Immigration Law, you may not be allowed to enter Canada if you have committed or been convicted of a crime; making you criminally inadmissible. Offences that result in inadmissibility range from minor to major, such as theft, assault, manslaughter and what drew you to this article: driving while under the influence of drugs or alcohol.
Firstly, speak to your lawyer about pleading down your conviction in an effort to avoid inadmissibility. You are looking to plead to an offence that would not be a Federal offence in Canada, like a traffic ticket or an acquittal, to avoid inadmissibility.
In the event that criminal inadmissibility to Canada cannot be avoided, there are 2 options for overcoming it: temporarily (TRP) and permanently (Rehabilitation).
The Temporary Resident Permit (TRP) grants entry and temporary stay in Canada if it has been less than 5 years since the completion of your sentence and if you have valid reasons to visit Canada. This application can be done at a Canadian visa office or at the port of entry, however it is best to prepare a well-documented application and apply as early as possible prior to your required date of entry.
Criminal Rehabilitation is a permanent means of gaining admission into Canada and eligibility requires the passing of at least 5 years since the completion of your sentence; this includes satisfying all conditions of your sentence such as fines and probation. Once approved, your criminal inadmissibility to Canada will be removed.
Whichever option you have to follow, when you apply to enter any country, you are making a case for yourself. Why you? What benefit is there to the host country to grant your visit? Does the benefit outweigh the potential ramifications? As such, a criminal record can easily deter immigration and border services from allowing you entry. Just one glance at a prior conviction and in seconds they can decide it is not worth the risk.
Navigating the application process with the plethora of documents required is daunting but you do not have to figure it out on your own. To avoid errors that could swiftly have your application rejected you need a Canadian lawyer that can represent you and ensures that the best case for yourself is submitted to Canadian Immigration.
At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.
Please call on our toll free number: 1.855.316.3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.