Driving under Influence (DUI) / Impaired Driving
“If you have received a DUI after December 18, 2018, then you will always need to apply for clearance into Canada prior to entering the country“
When it comes to applying for permanent residency (PR) or living as a permanent residency (PR) in Canada, a driving offence can have implications. While a minor traffic violation may not pose a significant obstacle, more serious driving offences, such as impaired driving or reckless driving, can have a more substantial impact on your PR status.
Just because you have been charged with impaired driving does not mean you will ultimately be convicted. If you win at the trial – leading to a verdict of not guilty or your lawyer is able to negotiate a deal with the Crown Attorney to have the charges reduced to something non-criminal or dropped completely, it would remedy the bigger problems with IRCC.
If you are charged with impaired driving (DUI, DWI, over 80, refuse breathalyser, drug impaired driving, etc.), it is extremely important that you consult a lawyer immediately because the consequences of conviction could be that you are deported and banned from entering Canada in the future indefinitely.
The Canadian immigration system places emphasis on assessing an applicant’s character and adherence to the law. Any criminal convictions, including driving offences, are considered grounds of inadmissibility.
Criminal Inadmissibility: Certain driving offences, such as impaired driving, fall under serious criminal offences in Canada. This means that you may be denied entry to Canada or face removal if already in the country.
Temporary Resident Permit (TRP): If you have a prior driving offence that makes you criminally inadmissible, you may still be eligible to enter Canada through a Temporary Resident Permit (TRP). A TRP is a document that allows individuals who are otherwise inadmissible to Canada to enter the country for a specified period, usually for a specific purpose.
Rehabilitation: If a significant amount of time has passed since your driving offence and you can demonstrate that you have been rehabilitated and have not reoffended, you may be eligible to apply for rehabilitation. The rehabilitation process allows individuals with a criminal record, including driving offences, to overcome their criminal inadmissibility and enter Canada.
Deemed Rehabilitation: If an individual received a single DUI conviction (prior to 2018), and more than 10 years have passed from the completion of his or her sentencing, he or she may be eligible to enter Canada without needing to go through the rehabilitation process.
It is important to note that every case is unique, and the immigration authorities consider each application on a case-by-case basis. Consulting with an immigration lawyer or a certified immigration consultant will provide you with the best guidance specific to your situation.