Driving while impaired may seem like a minor offence in many countries. However, driving under the influence is seen as a more serious offence in Canada, and those convicted of it may be inadmissible to enter Canada. It means that you will not be able to enter Canada due to criminal inadmissibility or can be removed from Canada for the same.
Due to provisions in Canadian law, a person could be considered criminally inadmissible to Canada if they perform an act outside of Canada that, if carried out in Canada, would be considered a severe crime.
However, if that is your case, you have options to enter Canada temporarily or to become admissible again. Below, you can learn how to enter Canada temporarily and apply for rehabilitation.
**Disclaimer: INC – Immigration News Canada is against the driving under influence of alcohol or any other drugs including marijuana. It’s the weekend so drive sober.
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How to temporarily enter Canada?
You can enter Canada temporarily through a temporary resident permit (TRP). Although this is simply a temporary option, it may be the fastest solution to enter Canada. It may also be the most suitable option for anyone found guilty of impaired driving less than five years before attempting to enter Canada.
To get a temporary resident permit:
- You need to provide a valid, justified reason for your travel to Canada, and
- Pay CAD 200 as a processing fee to apply for a temporary resident permit
However, even after applying, there is still no guarantee that you will be allowed to enter or stay in Canada.
Nevertheless, your chances of getting a TRP may increase, if you:
- Have only ever been convicted of impaired driving. However, you might still be eligible for a TRP even if you were guilty of two felonies connected to the same incident.
- Did not go to jail for your crime
- There was no property damage in the conviction for impaired driving.
The Canadian immigration officer evaluating your admissibility to Canada will decide whether or not to issue a TRP based solely on their judgment.
Generally speaking, TRPs are granted to those who can demonstrate that their desire to enter Canada exceeds any risks or threats they could represent while in the country. The maximum duration of a TRP is three years, and it may be cancelled at any time if Canadian authorities feel it essential.
Additionally, it is important to remember that certain people who have been found guilty of driving under the influence may not be required to pay the $200 TRP processing cost. For example, if the following applies, you may not have to pay:
- You did not go to jail, and
- Did not commit any other offences that would prevent you from entering Canada.
How can you become admissible again?
There is a possibility that you will be able to re-enter Canada with the help of rehabilitation. For example, if you are no longer inadmissible, you may be able to enter Canada without obtaining a TRP each time you wish to return. Rehabilitation implies that you are unlikely to commit new offences.
You can apply for individual rehabilitation to enter Canada. However, the Minister, or their delegate, may determine whether or not to grant it. You need to meet the following requirements to apply:
- At least five years have passed since the end of your criminal sentence, including any probation, and
- Five years have passed since you committed the act that made you inadmissible, and
- It is highly unlikely for you to commit any other crimes, and
- You have been rehabilitated.
How to apply for rehabilitation?
If you want to apply for criminal rehabilitation, fill out and submit the following forms:
- Document Checklist (IMM 5507) (PDF, 179.76KB)
- Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18MB)
- Use of a Representative (IMM 5476) (PDF, 648.31KB), if applicable
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