Entering Canada with a DUI: Immigration Tips & TRP Guide

How to Enter Canada with a DUI on Your Record: Everything You Need to Know

If you have a DUI (driving under the influence) charge or conviction on your record and you’re thinking about coming to Canada, it’s important to know there could be some roadblocks. Under Canadian law, a DUI is considered a serious offence — and that can make you criminally inadmissible to the country.

But don’t worry. With a bit of planning and the right approach, there are ways to overcome this barrier and still make your trip north. Whether you’re visiting family, attending a business meeting, or just coming to enjoy the Canadian Rockies, we’re here to walk you through your options in a friendly, straightforward way.

Key Highlights

• A DUI is a serious offence under Canadian law and can make you inadmissible.
• You don’t have to be convicted to be denied entry — charges, arrests, or warrants may also be considered.
• There are different solutions depending on your situation, including criminal rehabilitation, deemed rehabilitation, or a temporary resident permit (TRP).
• Legal opinion letters can help support your case, especially if charges are pending.
• Planning ahead is key — don’t wait until you’re at the border to deal with inadmissibility.

Why Does a DUI Make You Inadmissible to Canada?

Here in Canada, a DUI isn’t just a traffic violation — it’s classified as a serious criminal offence. That means if you’re not a Canadian citizen and you’ve been charged with or convicted of a DUI, you could be denied entry at the border.

Even if you’re a permanent resident or a foreign national, Canadian immigration officers have the authority to refuse you entry based on what’s known as criminal inadmissibility. And it’s not just past convictions — things like pending charges, outstanding warrants, or even prior arrests can also impact your ability to come into Canada.

If you try to enter the country while still inadmissible, it could lead to more serious consequences, like an exclusion order, which can ban you from entering Canada for a specified period of time.

Step 1: Know the Canadian Equivalent of Your Offence

The first thing you’ll need to do is figure out how your particular DUI charge maps onto Canadian criminal law. Not all DUI offences are treated the same, and the specifics — like when it happened, the nature of the offence, and whether you’ve completed your sentence — will all influence your options.

This step is crucial because it helps determine which remedy you’re eligible for. It can get a bit complex, so many people choose to work with an experienced immigration lawyer to ensure they don’t miss anything important along the way.

Step 2: Choose the Right Path to Overcome Inadmissibility

Depending on your individual circumstances, there are several ways to address criminal inadmissibility due to a DUI. Let’s break them down:

Option 1: You Have a Pending DUI Charge (But No Conviction Yet)

If you’ve been charged with a DUI but haven’t been convicted yet, consider obtaining a legal opinion letter. This letter, prepared by an immigration lawyer, explains your legal situation clearly and offers a professional opinion on your admissibility.

It typically includes:

• Details of your charge or legal issue
• Relevant Canadian legal references
• Any risks or concerns around public safety
• Why you should be allowed to enter Canada

Though it’s not mandatory, a legal opinion letter can greatly strengthen your case and improve your chances at the border.

Option 2: You Were Convicted of a DUI in the Last 7 Years or Have Multiple Offences

If you’ve been convicted of a DUI after December 18, 2018, or if you have more than one offence on your record, you’ll likely need to apply for criminal rehabilitation or a Temporary Resident Permit (TRP).

Criminal rehabilitation is a formal process where you prove that you’ve turned your life around and no longer pose a risk. To qualify, you must:

• Have completed your full sentence at least five years ago
• Demonstrate positive changes in your life (employment, community involvement, etc.)

This isn’t automatic — you’ll need to submit an application to a Canadian consulate and provide supporting documentation.

Alternatively, if you haven’t yet hit the five-year mark or need to travel sooner, a Temporary Resident Permit may allow you entry on a short-term basis (more on that below).

Option 3: You Were Convicted of a DUI Before December 2018 — With No Other Convictions

Good news: If your DUI conviction happened before December 18, 2018 and it’s the only offence on your record, you might be eligible for something called deemed rehabilitation.

In this case, if enough time has passed and your offence was relatively minor, Canadian border officials may decide that you’re no longer inadmissible. This is a passive process — you don’t need to apply — but it’s still a good idea to carry a legal opinion letter to help explain your situation.

Option 4: You’re Inadmissible but Have an Urgent or Compelling Reason to Visit Canada

If you need to come to Canada for an emergency or compelling reason — such as a family crisis, business need, or health-related matter — you may be eligible for a Temporary Resident Permit (TRP).

To be approved, an immigration officer must believe that your reason for visiting outweighs any risk to the public. Some valid reasons might include:

• Attending a funeral or supporting a sick loved one
• Escaping dangerous or abusive circumstances
• Handling critical work obligations

TRPs are generally valid for the duration of your stay, up to a maximum of three years. You’ll need to apply either online or at a port of entry, depending on your country of origin and visa requirements.

Final Thoughts: Plan Ahead and Travel Smart

If you’re dealing with a DUI on your record and hoping to visit Canada, don’t wait until you’re at the airport or border crossing. Understanding your options and preparing the right documents ahead of time can save you a lot of stress — and possibly prevent you from being turned away.

Whether it’s through deemed rehabilitation, criminal rehabilitation, or a temporary permit, there are paths to overcome inadmissibility. Just make sure you choose the solution that fits your situation best — and consider getting professional guidance if things feel overwhelming.

And if you’re exploring longer-term immigration options, like provincial nominee programs, check out our guide to the Manitoba PNP to see if you qualify.

Need Help Navigating Your Options?

We know this stuff can be complicated. That’s why we recommend speaking with an immigration professional who can help you understand your specific case and guide you through the process.

Contact us today to schedule a consultation and get started on the right path to entering Canada — DUI or not.

Safe travels, and we hope to welcome you to Canada soon!