🚗 What To Do If You Have a DUI and Want to Visit Canada 🇨🇦

Trying to enter Canada with a DUI (Driving Under the Influence) on your record can be a serious challenge.

Under Canadian law, a DUI is considered a criminal offence, which can make you criminally inadmissible — meaning you could be denied entry at the border.

But don’t panic — if you plan ahead, there are legal steps you can take to overcome criminal inadmissibility and still visit Canada.

👉 Here’s a breakdown of what you need to know and how to prepare.

⚖️ Step 1: Understand What “Criminal Inadmissibility” Means

Only Canadian citizens have the automatic right to enter Canada.

If you are a foreign national or even a permanent resident, you can be denied entry for criminal reasons — including a DUI.

If you are found criminally inadmissible and try to enter without resolving it, you may:

• Be turned away at the border, and

• Receive an exclusion order, banning you from re-entering for a certain time.

You don’t have to be convicted to be inadmissible — Canadian officers can consider:

• Pending charges,

• Warrants or arrests, and

• Convictions.

🕵️ Step 2: Identify the Canadian Equivalent of Your Offence

Each country’s criminal laws are different.

Before you can apply for any remedy, you need to find out what the equivalent Canadian offence is for your DUI.

This determines:

• Whether you’re criminally inadmissible, and

• Which remedies (legal solutions) are available to you.

Because this process can be complex, many people choose to work with an immigration lawyer to ensure their case is properly assessed.

🧩 Step 3: Choose the Right Legal Remedy

Depending on your specific situation, there are four main options for entering Canada with a DUI.

📝 Option 1: You Have a Pending Conviction

If you’ve been charged but not convicted, you can ask an immigration lawyer to prepare a Legal Opinion Letter.

This document:

• Explains your legal situation,

• Clarifies the risk (if any) to public safety,

• Refers to relevant Canadian laws, and

• Argues why you should be considered admissible.

While it’s not mandatory, this letter can significantly strengthen your case at the border.

🔒 Option 2: You Were Convicted of a DUI After 2018 or Have Multiple Convictions

If you were convicted after December 18, 2018, or you have more than one conviction, you’ll need to apply for one of the following:

• Criminal Rehabilitation (Individual Rehabilitation), or

• A Temporary Resident Permit (TRP).

Criminal Rehabilitation is a formal application that allows someone with a past conviction to re-enter Canada permanently.

You may qualify if:

• At least five years have passed since completing your sentence, and

• You can show you’ve been rehabilitated (e.g., stable job, good community ties, no repeat offences).

👉 This application must be submitted to a Canadian consulate.

(Note: The maximum penalty for DUIs in Canada doubled in 2018, making them more serious under Canadian law.)

⏳ Option 3: You Were Convicted of a DUI Before December 2018 (Single Offence Only)

If your DUI happened before 2018 and it’s your only offence, you may qualify for Deemed Rehabilitation.

This means that if enough time has passed and your record shows a low-risk, one-time incident, immigration officers can automatically consider you rehabilitated.

It’s a passive process — you don’t need to apply formally, but it’s wise to have a Legal Opinion Letter supporting your case.

✈️ Option 4: You’re Inadmissible but Have a Compelling Need to Enter Canada

If you have urgent or compelling reasons to visit — such as family emergencies, trauma recovery, or humanitarian needs — you can apply for a Temporary Resident Permit (TRP).

A TRP allows entry despite inadmissibility, if the officer believes your reason for entry outweighs the risk.

Examples include:

• Escaping abuse or human trafficking,

• Recovering from medical or mental trauma,

• Attending a critical family matter.

A TRP can be valid for up to 3 years, depending on your situation.

If you need a visa to enter Canada, you must also apply for a Temporary Resident Visa (TRV).

If you’re from a visa-exempt country (like the U.S.), you can apply for a TRP online or at a port of entry.

💡 Final Thoughts

Having a DUI on your record doesn’t mean you’ll never be able to enter Canada — but it does mean you need to plan carefully.

✅ Find out how your offence is viewed under Canadian law.

✅ Choose the correct legal remedy for your case.

✅ Work with a qualified immigration lawyer to improve your chances of approval.

With the right preparation, it’s entirely possible to overcome criminal inadmissibility and visit or even move to Canada. 🇨🇦

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🚗 What To Do If You Have a DUI and Want to Visit Canada 🇨🇦