Can You Go to Canada With a Owi
CIC News > Latest News > Visit > Tin you visit Canada with a DUI? Are you planning on visiting Canada with a past driving under the influence offence? You may have a problem crossing the Canadian border.
Tin can y'all visit Canada with a DUI? Are yous planning on visiting Canada with a by driving nether the influence offence? You may have a trouble crossing the Canadian border.
While Canada is an open country, information technology does accept strict rules that it enforces at its borders. You can be considered inadmissible to Canada based on a criminal conviction. Fifty-fifty a single driving under the influence can lead to you beingness denied entry to Canada.
This mutual situation arises as a result of Canada's strict laws on driving nether the influence (DUI). Canada strengthened these laws in 2022 when it legalized marijuana. The maximum time in prison house for a DUI doubled, from 5 years to x years. The goal was to stop Canadian citizens from driving impaired. DUI applies not simply to booze but also cannabis or any other substance known to intoxicate.
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All travelers coming to Canada from the U.Due south. must prove a U.S. passport or other U.South. travel certificate to an immigration officer. Your American passport has a direct link to an FBI background record. This report can characteristic recent or past DUIs. Even if the driving under the influence conviction is from many years ago, it tin can yet prove on this criminal record and create issues for you when trying to enter Canada.
If y'all are a U.S. tourist with a criminal record, you are strongly encouraged to plan in advance, to avert any surprises at the Canadian border. Speaking with a Canadian immigration police firm about your status and options for entry is ever a helpful option.
How do I visit Canada with a DUI?
The Canadian government offer several options for overcoming inadmissibility to a traveler with a by DUI:
Temporary Resident Permit (TRP)
If information technology has been less than 5 years since the completion of the DUI judgement, y'all must apply for a Temporary Resident Permit (TRP) in order to enter Canada. The TRP is a temporary waiver of inadmissibility that can allow someone who would typically exist inadmissible to Canada to enter the country. If approved, the TRP may be valid for upwardly to 3 years.
In order to be granted a TRP, y'all must accept a strong reason for coming to Canada. Immigration, Refugees and Citizenship Canada (IRCC) must make sure the applicant is non a threat to Canadian society. The bidder should also show how their visit will benefit Canada or Canadians. Because processing can be subjective, it is of import for people to submit a well-prepared and compelling TRP application package.
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Criminal Rehabilitation
If it has been more than five years, just less than 10 years since completion of a sentence, you may be eligible to utilize for criminal rehabilitation. If the awarding is approved, the bidder will have a clean slate and be eligible to enter Canada. There will no longer be any obstacles relating to the previous conviction. This means that the traveler will be able to enter and leave Canada provided that they do not commit another offence.
If information technology has been 10 years or more since completion of a DUI judgement, an inadmissible person could be deemed rehabilitated simply as a result of the passage of time. This path would also allow them to Canada. This solution is simply possible in cases where someone has a single, not-serious conviction on his or her record. If you lot have more than ane confidence, you must apply for criminal rehabilitation to articulate your criminal record to enter Canada without issue.
Legal Opinion Letter
If you are currently facing a accuse of DUI with no prior criminal history, you should not be considered inadmissible to Canada. Canadian immigration officers have discretion in these situations, weighing the benefits and risks of assuasive entry. Canadian law, not U.S. law, applies when y'all are attempting to enter Canada. A Legal Opinion Letter from a Canadian immigration lawyer tin can be helpful in the event you lot are looking to enter Canada with a awaiting charge. The lawyer can explain any of import facts in the awaiting case, and explicate why you should not be considered inadmissible.
Canada'south rules for foreigners with misdeed issues are circuitous, and tough. The security of the country and its citizens is always a priority, particularly at Canadian borders. A thorough noesis and agreement of criminality problems, and how they apply to you lot, can be the departure betwixt entering Canada and being denied at a border.
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Source: https://www.cicnews.com/2021/08/can-you-visit-canada-with-a-dui-0818787.html
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