Travelling to Canada becomes more complicated if you have any kind of criminal record, even if you were only convicted of what might be regarded as a minor crime. such as a DUI. The Canadian government has one of the strictest sets of border control policies in the world when it comes to criminal inadmissibility, but there are a number of ways to overcome this obstacle and legally enter Canada.
An entry waiver or DUI waiver is an informal name for a Temporary Resident Permit (TRP), which is one of the pathways available to overcome criminal inadmissibility to Canada. This guide will explain what the waiver is, how to get one, and some alternatives you might want to consider depending on your situation.
What is an Entry Waiver?
A Canadian entry waiver is an informal name for an authorization that allows someone to legally enter Canada who would otherwise be criminally inadmissible. Some people also call them DUI waivers, but they usually refer to what is officially called a Temporary Resident Permit by the Canadian government.
It could also sometimes refer to Criminal Rehabilitation, which is a similar but more permanent way to ensure you can visit or immigrate to Canada with a DUI or other criminal offense on your record.
Both, when granted, represent an official recognition by Canadian immigration authorities that you are eligible to enter the country despite your criminal record – they “waive” the normal restrictions that would be applied.
What is a Temporary Resident Permit?
A Temporary Resident Permit (TRP) is usually issued when an individual has a compelling and legitimate reason to visit Canada. This could be to attend a funeral, wedding, or business conference related to your work, for example.
They are valid for a specific duration of time – anywhere from a single day to three years – and come in single-entry or multiple-entry variations.
To get one, you need to go through the official application process and pay a fee. This can be done either in advance through your nearest Canadian consulate or directly at the border when you arrive at a Canadian Port of Entry. There are pros and cons to each method, as we have explained here.
When You Need an Entry Waiver
If you have ever been convicted of a crime such as DUI, DWI, reckless driving, theft, assault, or drug possession, you will likely need either a TRP or Criminal Rehabilitation before being allowed to enter Canada. The application process is the same regardless of the crimes that have been committed.
Impaired driving offenses in particular have been regarded as serious offenses in Canada since 2018, so if you have one on your record, you will be criminally inadmissible until you obtain a waiver.
How to Apply for a DUI Waiver
The Canada DUI waiver application process involves a number of steps and requires you to collect a wide range of documents. Dogen Law has years of experience helping people navigate through the list of TRP requirements successfully. Here’s a breakdown of what you might need:
- Identification Documents:
- Passport
- Birth certificate
- Criminal Record:
- Original court documents for each conviction
- Police reports
- Proof of completed sentences, probation, and paid fines
- Certificates of completing rehabilitation programs
- Purpose of Travel Proof:
- Letters of invitation, business meeting confirmations
- Wedding or family event invitations/itineraries
- Other Supporting Documents:
- Verification of employment
- Character references
- Bank statements showing the ability to support yourself financially
- Return travel arrangements
Processing Time and Fees
The fee to submit a TRP application is $200 CAD, and standard processing times (when applying in advance) vary from 1 to 8 months.
If you apply at a port of entry, the Canada Border Services Agency will be able to process your application and give you a decision on the same day.
Other Routes to Overcome Criminal Inadmissibility
Criminal Rehabilitation
Criminal Rehabilitation acts more like a ‘permanent pardon’ in that once it has been granted, it fixes your criminal inadmissibility issues forever. That means no more TRPs are needed, and you can travel in and out of Canada as though you had no criminal record at all.
To be eligible to apply, 5 years must have passed since completing your sentence, finishing probation, and paying off any fines that were imposed.
The application process tends to be more complex, with processing times sometimes reaching up to 18 months, and the fees can be much higher if you have serious criminality on your record, but compared to multiple TRPs, it can be well worth it. You can learn more about it here.
Deemed Rehabilitation
If more than 10 years have passed since you completed the sentence for your crimes – including probation, fines, and any other conditions that were imposed – you may be eligible for deemed rehabilitation and, therefore, not need to submit a full Criminal Rehabilitation application.
In cases where you have two or more summary convictions (roughly equivalent to a misdemeanor conviction) rather than a felony, only five years must have passed.
You can ask to be deemed rehabilitated at a Canadian visa office or at the Canadian border without prior arrangement. Just be sure to bring all the relevant documents with you. Bear in mind, however, that a DUI conviction or other impaired driving offense will exclude you from being deemed rehabilitated as they are now regarded as ‘serious criminality’ in Canadian law.
How Dogen Law Can Help
If you’re planning to visit Canada but have a criminal record that could make you inadmissible, seeking guidance from a Canadian immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
