On this page you will find
- Why impaired driving makes you inadmissible to Canada
- How Canada assesses impaired driving offences before and after 18 December 2018
- Options to enter temporarily through a Temporary Resident Permit
- How criminal rehabilitation and deemed rehabilitation work
- Where and how to apply for each option
Impaired driving is considered a serious crime under Canadian immigration law. Even a single conviction for driving while impaired by alcohol or drugs can make you criminally inadmissible to Canada. This can prevent you from entering the country, regardless of how minor the offence may seem in your home jurisdiction.
Canada assesses foreign offences by comparing them to how the same offence would be treated under Canadian federal law. Since Canada increased the maximum penalty for impaired driving on 18 December 2018, many foreign impaired driving convictions now fall under serious criminality. This makes entering Canada more difficult without first resolving your inadmissibility.
Despite this, several pathways allow individuals with past impaired driving convictions to visit, work or immigrate to Canada.
Why impaired driving may stop you from entering Canada
Canada treats impaired driving as a serious public safety issue. As a result, any conviction related to operating a vehicle while impaired may result in criminal inadmissibility. This includes:
- Driving While Impaired
- Driving While Intoxicated
- Operating Under the Influence
- Wet and Reckless
- Dangerous or reckless driving involving alcohol or drugs
- Driving without due care and attention
If you are criminally inadmissible, border officers can refuse you entry. You must then use one of the available legal processes to overcome your inadmissibility.
How Canada assesses offences before and after 18 December 2018
Canada introduced tougher penalties for impaired driving on 18 December 2018. This matters because the date of your offence affects how inadmissibility is assessed.
If you committed the offence before 18 December 2018
Canada will assess your case using the penalties in force at the time. You may be inadmissible for criminality rather than serious criminality unless you received a Canadian prison sentence of more than six months.
If you are inadmissible for criminality only, you may qualify for deemed rehabilitation once 10 years have passed since completing all sentencing.
If you committed the offence on or after 18 December 2018
Impaired driving became a serious criminal offence. This means a single impaired driving conviction can render you inadmissible for serious criminality, and deemed rehabilitation will not apply.
To enter Canada again, you must apply for either a Temporary Resident Permit or criminal rehabilitation.
Temporary Resident Permit (TRP)
A Temporary Resident Permit allows you to enter Canada temporarily despite your inadmissibility. It is often the fastest option, especially if your conviction occurred less than five years ago.
You may apply for a TRP:
- in advance at a Canadian visa office, or
- at a Canadian port of entry (in urgent situations)
To qualify, you must show that your need to enter Canada outweighs any risk you pose to public safety. You must also demonstrate a compelling purpose for travel, such as business, family visits or urgent travel.
A TRP:
- can be valid for up to three years
- may be cancelled at any time
- carries a C$200 processing fee (some older offences may be exempt)
A TRP is a temporary solution. You will need a new TRP each time you wish to travel unless you later obtain criminal rehabilitation.
Deemed Rehabilitation
Deemed rehabilitation allows you to become admissible again without submitting a formal application. However, it applies only in limited circumstances.
You may be deemed rehabilitated if:
- at least 10 years have passed since completing all sentencing, fines and probation, and
- your offence is not considered serious criminality under current Canadian law, and
- the offence did not involve bodily harm, significant property damage or a weapon.
Because impaired driving is now treated as serious criminality, deemed rehabilitation primarily applies to offences committed before 18 December 2018.
A determination can be made:
- at a visa office (most reliable method)
- at a port of entry if you clearly meet all criteria
Processing through a visa office may take up to six months.
Criminal Rehabilitation
Criminal rehabilitation is a formal, permanent solution that removes your inadmissibility. Once approved, you can enter Canada without requiring a TRP.
You may apply for criminal rehabilitation if:
- at least five years have passed since completing all sentencing, including fines and probation, and
- you meet the eligibility criteria
Criminal rehabilitation applications usually take more than a year to process. Once granted, the decision is final unless you commit a new offence.
Applications must be submitted:
- by mail within Canada to the appropriate immigration office,
- through a Visa Application Centre abroad if you do not already have a visa, or
- directly to a visa office abroad if you already hold valid status to enter Canada.
Frequently Asked Questions
Can I enter Canada with a recent impaired driving conviction?
If your conviction occurred less than five years ago, you are unlikely to qualify for rehabilitation. Your main option is a Temporary Resident Permit. You must show a strong, justified reason to enter Canada and demonstrate that any risk is minimal. Approval is discretionary and never guaranteed.
Is a DUI from the United States treated the same as one from Canada?
Yes. Canada assesses the underlying behaviour, not the terminology used in another country. U.S. DUIs, DWIs and similar offences are treated as impaired driving under Canadian law. If the conduct would be a serious offence in Canada, you may be found criminally inadmissible.
How long do I have to wait to apply for criminal rehabilitation?
You must wait at least five years from the date you finished all parts of your sentence. This includes fines, licence suspensions, probation and any education programs. If any portion of your sentence remains outstanding, the five-year period has not begun.
What is the difference between deemed rehabilitation and criminal rehabilitation?
Deemed rehabilitation happens automatically, without a formal application, once enough time has passed and only if the offence is not considered serious criminality. Criminal rehabilitation requires a detailed application and official approval but provides a permanent solution regardless of the seriousness of the offence.
Will Canada refuse me entry even if my offence was minor in my home country?
Possibly. Canada looks at how the offence compares to Canadian criminal law. Even if your home jurisdiction treats impaired driving as a misdemeanour, Canadian law may classify it as serious criminality. This can result in refusal unless you obtain a TRP or rehabilitation.
