Why the date of your DUI matters
Canada's penalties for impaired driving got tougher on December 18, 2018.
| When the offence happened | How it's generally treated |
|---|---|
| Before December 18, 2018 | Assessed under the penalties at the time. You may be inadmissible for criminality, not serious criminality, unless you had a Canadian prison sentence over 6 months. Deemed rehabilitation may be possible if at least 10 years have passed since you finished your sentence |
| On or after December 18, 2018 | Generally treated as serious criminality. Deemed rehabilitation isn't normally available |
Your options
Individual rehabilitation (convicted outside Canada)
You can apply if at least 5 years have passed since the end of your sentence, including probation, and since the act that made you inadmissible. You must show you're rehabilitated and highly unlikely to commit more crimes. It's decided at an officer's discretion.
| Rehabilitation fee | Amount |
|---|---|
| Criminality | $246.25 |
| Serious criminality | $1,231 |
IRCC says these can take over a year to process, so plan well ahead.
Record suspension (convicted in Canada)
If you were convicted in Canada, you must apply for a record suspension from the Parole Board of Canada. If you get one, you're no longer inadmissible for that conviction.
Deemed rehabilitation
For some older or less serious crimes, enough time passing can be enough. It generally needs 10 years for one indictable offence or 5 years for two or more summary convictions, and the crime must have a maximum prison term of under 10 years if committed in Canada.
Temporary resident permit (TRP)
If it's too soon for rehabilitation, or you have a compelling reason to enter, you can ask for a TRP ($246.25). You must show that your need to enter or stay outweighs any risk. An officer decides, there's no guarantee, and a border officer can still refuse you entry.
Should you declare it?
Yes. IRCC's forms ask about charges and convictions, and a police certificate may show them. Leaving one out can lead to a separate finding of misrepresentation and a 5-year ban, which is often worse than the original problem.
Also tell us about pending charges. These can affect your application too, and they need careful handling.
Other crimes
Inadmissibility can also come from theft, assault, dangerous driving, drug offences and others. IRCC compares your foreign offence to the Canadian law, so the name of the offence abroad doesn't decide it. If you were under 18 when you were convicted, you may still be able to enter.
What to do first
- Get your records: the court documents, sentence and proof that you finished it.
- Work out your dates: the offence date and the sentence end date.
- Get advice before you apply, because timing and the way you present it matter. See refusal help.
FAQs
Can I get Canada PR with a DUI?
Possibly, if you've overcome the inadmissibility through rehabilitation or a record suspension. It depends on your dates and record.
Can I visit Canada with a DUI?
You may be inadmissible. You may need rehabilitation or a TRP, depending on your record. Don't just try the border without checking.
How long does criminal rehabilitation take?
IRCC says these applications can take over a year.
Does a Canadian DUI affect a work permit holder?
It can. A temporary resident convicted in Canada can lose status or face removal proceedings. Get advice right away if you're charged.