If you’re considering a permanent move to Canada but have a DUI on your record, you may face unexpected challenges. Canada welcomes immigrants through a variety of pathways, but a criminal record can complicate resettlement in Canada for permanent resident candidates. While first-time DUIs might be considered misdemeanors in the U.S., they are treated as serious criminal offenses in Canada. A DUI conviction is an obstacle to overcome for anyone seeking to permanently resettle in Canada.
Anyone seeking to immigrate to Canada with a DUI must understand they will be barred from applying for permanent residency until the criminal rehabilitation process has been completed “can I move to Canada with a DUI?”. Any application for permanent residency, or even temporary resident status (i.e. work or study permits), will be refused unless steps have been taken to resolve criminal inadmissibility. Fortunately, there are options that can help you overcome a DUI and move to Canada legally. Our team can advise about possible solutions to a variety of criminal inadmissibility issues.
How a DUI Affects Immigration Status
All foreign nationals seeking to enter Canada will undergo background checks for DUI. Individuals with an impaired driving conviction on their record will be found criminally inadmissible to Canada and declared ineligible to visit temporarily or resettle permanently.
Criminal inadmissibility affects all types of immigration applications, including:
- eTA
- Permanent residency through Express Entry or Provincial Nominee Programs
- Work permits and employer-sponsored visas
- Family sponsorship, including spousal and common-law
- Study permits
During the application process, Canadian immigration authorities thoroughly vet the criminal background of immigration candidates. Even a single DUI, no matter how long ago it occurred, or how it was treated in your home country, will render the applicant criminally inadmissible to Canada. Being accepted into a competitive academic program, or having a fantastic job offer, even marrying a Canadian citizen, will not override or resolve criminal inadmissibility. Before any immigration status can be granted to a foreign national, all criminal matters must be resolved through the proper channels.
Options to Overcome Inadmissibility
If you have a DUI on your record and wish to resettle in Canada, you likely have options. Appropriate legal steps can be taken to resolve your inadmissibility before, or in tandem with, the submission of an immigration application. Canada offers a few remedies for eligible individuals with a criminal record seeking to enter the country as permanent or temporary residents.
Criminal Rehabilitation is the only way to permanently remedy a DUI, in accordance with Canadian law. Candidates are eligible to apply for rehabilitation five years after sentence completion, including probation, fines, and license reinstatement. Once approved for criminal rehabilitation, a DUI conviction will no longer be grounds to refuse an application for permanent or temporary residency.
Those who have not yet reached the 5-year eligibility period for criminal rehabilitation, may still apply for a Temporary Resident Permit (TRP). A TRP enables inadmissible individuals to enter Canada for a limited time; a TRP is not an appropriate remedy for those seeking permanent residency.
Can I Move to Canada with a DUI? Learn How We Can Help
Don’t let a DUI conviction derail your plans to resettle in Canada. Reach out as soon as possible to learn how our team can help.