Temporary Resident Permit DUI Canada | Application for Criminal Rehabilitation DUI

Marc Laforce, Certified Canadian Immigration Consultant

Each year, thousands of law-abiding citizens head to Canada on a family visit or business meeting only to be turned back at the border. Why? In most US jurisdictions, a DUI (driving under the influence)/DWI (driving while impaired) conviction carries a fine and a misdemeanour charge as opposed to being an indictable offence, but in Canada, a DUI/DWI is considered a felony offence. Under Section 36 of the Immigration and Refugee Protection Act, a foreign national is inadmissible on grounds of criminality for having been convicted of a felony offence(s).

In a random background check by the Canada Border Services Agent (CBSA) at the point of entry into Canada, you would be deemed inadmissible if the agent finds that you have had a DUI/DWI conviction. What may be treated as a misdemeanour offence in your country may be considered an “indictable offence” or felony conviction under the Canadian Criminal Code. This rather embarrassing and untimely situation is referred to as “inadmissibility”.

The most typical cause of inadmissibility is a DUI/DWI conviction – typically occurring “back in the old days” or “during the college years”. In the vast majority of cases, a traveller has no idea that his relatively minor offence is considered a criminal act in Canada. And for the most part, it is up to the discretion of the border agent to allow him in or not. In some cases, a temporary “pass”, called a Temporary Resident Permit, is allowed, provided the traveller obtains what is called a Rehabilitation Certificate when and if he returns to Canada. In most cases, a traveller is obliged to return home as soon as possible and can only return upon securing a Rehabilitation Certificate.

A Rehabilitation Certificate is a special application that is sent to the Canadian Embassy to assess whether a traveller has been deemed “rehabilitated” and whether he poses a threat to Canadians. Five years after the disposition of his sentence, including any parole and/or loss of driver’s licence, he can submit an application for a Rehabilitation Certificate. Upon receiving a positive Rehabilitation Certificate, the traveller becomes admissible and may travel to Canada without future incident.

Preparation of a good rehabilitation case, no matter how bland the offence, is time consuming and requires extremely detailed work. Given the complexity of Rehabilitation Certificates, we urge travellers and visa applicants to utilise an experienced and licenced practitioner to handle any issue of inadmissibility.

Temporary Resident Permit DUI Canada | Application for Criminal Rehabilitation DUI

Application for criminal rehabilitation DUI Canada. Temporary resident permit DUI Canada. Marc Laforce, certified Canadian immigration consultant.