DWI and Travel to Canada

With Rochester New York under two hours from the Canadian border, we often have clients ask how a conviction for DWI impacts entry into Canada. Does a prior conviction create a DUi Canada entry issue? Is entering Canada even possible?

Is International Travel to Canada Impacted?

It is important to remember that whether you are convicted of a felony DWI, misdemeanor DWI, or a traffic infraction DWAI Canada recognizes all drug and alcohol related offenses as felonies. This is why travel to Canada becomes an issue after conviction. If you have had a DWI or DUI conviction, you are considered criminally inadmissible.

What you are facing is a permanent ban on free travel to Canada. However, after five years if you have had no other convictions, you may apply to have your travel access rehabilitated. Prior to December 2018 the ban would automatically clear after 10 years but the Canadian laws have since changed and become permanent. For more information about rehabilitating your status, please visit http://www.cic.gc.ca

What Are My Options?

There are many reasons why you might have to travel to Canada and the one major reason is for work-related purposes.

Is it possible to still travel to Canada if work requires it?

It is in fact possible. You would have to apply ahead of time for a Temporary Resident Permit (TRP). A TRP application is a permit to enter Canada for a specific timeframe for a valid reason to visit. To do so you must contact a Canadian Immigration Lawyer. A Temporary Resident Visa may allow you to enter for work.

If you will need to reguarly visit Canada, there is a Criminal Rehabilitation (CR) process which is a process that you petition Canada immigration to forgive a prior DUI conviction permanently. You can petition in this way once it has been over 5 years since completion of the DWI/DUI sentence.

Can You Enter Canada with a DWI even if you are not driving?

Canadian laws do not differentiate whether a visiting person intends to drive or not, so the answer is no. So foreign nationals may need to get a TRP or CR in order to cross the Canada border regardless of transportation methods. Even flying in on a plane you will likely be denied entry.

Canadian immigration authorities have access now to look up the criminal record of people crossing the border so it’s best to be up front about it.

We recommend you visit the following website for more information: http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml

Other Resources for Travel To Canada

For more information about travel to Canada after an alcohol related conviction, Temporary Resident Permits, or other forms of criminal inadmissibility, we recommend you visit: http://www.duientry.com