Can I Immigrate to Canada With a DUI?
(Below is a transcription of this video)
Hi, my name is Michael Niren. I’m an immigration lawyer, and founder of
VisaPlace.com. We got another question regarding immigration to Canada. In
this case, can I immigrate to Canada if I have a DUI? This is a similar
question we received about can you immigrate to Canada if I have a criminal
record, but this question was specifically about a DUI.
Immigrating to Canada With a DUI
Now, generally speaking, a DUI will render you inadmissible. If you have a
conviction for drinking and driving, under Canadian law, that could result
in a finding of inadmissibility and you would be prevented from immigration
However, depending on when the offense occurred, it’s possible that you
could apply for what we call criminal rehabilitation. If it happened five
years ago, or the last day you served your sentence was five years ago or
longer, there’s a possibility that you could qualify for rehabilitation,
which is an application that you make in addition to your immigration
application. If your offense was more recent or if you had more than one
offense, you may need a TRP, a Temporary Resident Permit, which is a
special permit that would allow you entry despite that you’re inadmissible.
So it really depends on the nature of the offense in terms of, you know,
how many, how long ago, when’s the last day you served your sentence.
There’s a lot of factors you have to keep in mind to determine whether or
not you’d qualify for immigration if you had a DUI.
Let Us Access Your DUI Case
So, the first step is to, obviously, investigate the conviction and
evaluate it. And of course, you have to first also know, if you qualify for
immigration, because even if your DUI charge is something that can be dealt
with, you may not even qualify for immigration unless you have the
credentials for that. So that’s two things that have to be taken into
account. Hopefully, that gave you some idea. And thank you and have a…
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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