DUI and Canadian Immigration After 2018

What Changed on December 18, 2018

IRCC's notice of October 22, 2018 states: "On December 18, 2018, the impaired driving penalties will take effect." It also states: "The maximum penalty for most impaired driving offences will increase from 5 to 10 years," and "Most impaired driving offences will then be considered serious crimes in Canada."

For criminal inadmissibility, that difference matters: serious criminality and criminality have different routes to overcome them.

Why the Offence Date Matters

IRCC's impaired driving page treats offences differently depending on when they were committed:

• Before December 18, 2018: "we'll determine if you're inadmissible based on the penalties in force at the time." You "may be found to be inadmissible for criminality, and not serious criminality, unless you received a prison sentence in Canada longer than 6 months," and you "may be eligible for deemed rehabilitation if at least 10 years has passed since you completed your sentence."
• On or after December 18, 2018: you "may be inadmissible to Canada for serious criminality."

Deemed Rehabilitation vs. Individual Rehabilitation

For crimes committed outside Canada, IRCC's overcome criminal convictions page limits deemed rehabilitation to offences with "a maximum prison term of less than 10 years if committed in Canada."

Individual rehabilitation is an application to IRCC. For a conviction outside Canada, IRCC states that "at least 5 years must have passed" since "the end of your criminal sentence (this includes probation)" or since the day you committed the act that made you inadmissible. See our criminal rehabilitation guide.

How a Foreign Conviction Is Compared

IRCC assesses an offence committed outside Canada against Canadian law: its deemed rehabilitation rule, for example, refers to the maximum prison term "if committed in Canada." The impaired driving page does not address foreign pardons or expungements, so do not assume either removes a conviction for Canadian immigration purposes.

Options After a DUI

1. 1

   Temporary Resident Permit (TRP)

   Allows entry to Canada despite inadmissibility. IRCC states: "We only issue TRPs for compelling reasons and at the discretion of an officer" and "There is no guarantee that you'll be issued a TRP or be authorized to enter Canada." A TRP does not resolve the inadmissibility.

2. 2

   Individual criminal rehabilitation

   An application to IRCC once at least 5 years have passed since the end of your sentence, including probation, or since the act that made you inadmissible.

3. 3

   Deemed rehabilitation (offences before December 18, 2018 only)

   Under IRCC’s impaired driving page, you may be eligible if the offence was assessed as criminality and at least 10 years have passed since you completed your sentence.