How an Impaired Driving Conviction Does Affect Entry into Canada?

An impaired driving conviction carries significant implications, particularly regarding admissibility to Canada. On December 18, 2018,  tougher penalties for impaired driving came into effect in Canada. This reclassification holds substantial consequences. Understanding these implications is crucial, as a conviction for driving while impaired can impact one's ability to enter and stay in Canada. Given the complexity of Canadian entry regulations, seeking guidance from experienced immigration experts is advisable. Our lawyers at Paul E. Briggs Law in Surrey BC, equipped with expertise in immigration and criminal law, can offer tailored guidance and support through this process.

Navigating Entry Options After an Impaired Driving Conviction

If you've been convicted of driving while impaired, it's important to note that you may be determined inadmissible to Canada. However, there are potential avenues to overcome inadmissibility.

Temporary Entry with a Temporary Resident Permit (TRP)

Individuals with an impaired driving conviction may seek temporary entry through applying for a Temporary Resident Permit (TRP). While it only grants temporary entry to Canada, it doesn't serve as a permanent solution. This permit comes with specific conditions including :

• Justification of Travel: Applicants must substantiate a valid reason for their travel to Canada.

• Approval for entry is not guaranteed.

Regaining Admissibility Through Criminal Rehabilitation

For a more permanent solution, pursuing criminal rehabilitation may be an optional avenue to overcome inadmissibility to Canada. This process aims to restore an individual's admissibility to Canada by meeting specific eligibility criteria. A waiting period of at least 5 years post-sentence completion or commission of the offence is mandatory in order to apply for criminal rehabilitation.

Key aspects of criminal rehabilitation include:

• Meeting specific eligibility criteria to qualify for criminal rehabilitation.

• A waiting period of at least 5 years since the completion of the sentence or commission of the crime is necessary to apply.

Impaired Driving Offenses Committed Before December 18, 2018

For impaired driving offenses committed before December 18, 2018, determining inadmissibility follows the penalties in force at the time in Canada. Individuals may be considered inadmissible for criminality rather than serious criminality, under certain circumstances. If inadmissibility for criminality is established, there exists a potential pathway for deemed rehabilitation. Individuals may be eligible for deemed rehabilitation, if at least 10 years have passed since the completion of their sentence.

Navigating the Entry Restrictions

For those impacted by impaired driving convictions, understanding these entry restrictions is essential. Exploring the available pathways can help individuals ascertain the options to enter Canada or regain admissibility. Given the complexity of Canadian entry regulations, seeking guidance from immigration experts is advisable. Our team at Paul E. Briggs in Surrey BC, equipped with expertise in immigration and criminal law, can offer tailored guidance and support through this process.