If you’re a U.S. citizen with a DUI or other criminal conviction, your entry to Canada may be barred under Canadian immigration law. However, Canada provides a legal pathway called a Temporary Resident Permit (TRP) that may allow you to enter despite your inadmissibility. Here’s what you need to know—legally and practically—about TRPs.
Understanding Criminal Inadmissibility
What is Criminal Inadmissibility?
Under section 36(2) of the IRPA, a foreign national is inadmissible on grounds of criminality for:
- Having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
- Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; or
- Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.
How Does Canada Assess U.S. Offenses?
- Equivalency Analysis: Canadian immigration authorities assess the foreign offense’s equivalency under Canadian law, not its classification in the U.S. For example, a U.S. misdemeanor DUI is considered a serious indictable offense in Canada.
- Access to U.S. Records: Canadian border officials have access to FBI and state criminal databases and will be aware of most convictions and outstanding charges.
DUI-Related Charges and Canadian Inadmissibility
How Does Canada Treat DUIs?
DUI (Driving Under the Influence), DWI (Driving While Intoxicated), OWI (Operating While Intoxicated), and similar offenses are considered serious criminality in Canada.
Legal Changes in 2018
- In December 2018, Canada increased the maximum penalty for impaired driving to 10 years imprisonment.
- As a result, DUIs are now classified as “serious criminality” under Canadian law, regardless of how they are treated in the U.S.
What Is a TRP?
Under section 24(1) of the Immigration and Refugee Protection Act (IRPA), a TRP may be issued to foreign nationals who are inadmissible but have a compelling reason to enter or remain in Canada. These permits are discretionary and temporary and must demonstrate that the individual’s need to enter outweighs the risk to Canadian society.
Grounds for Inadmissibility
Common criminal inadmissibility reasons include, but are not limited to:
- Driving Under the Influence (DUI)
- Assault or domestic violence
- Theft or fraud
- Drug possession or trafficking
Canadian immigration officials assess inadmissibility based on the equivalent Canadian offense and its seriousness (e.g., summary vs. indictable offenses).
TRP Eligibility Criteria
To qualify for a TRP, you must:
- Clearly demonstrate the reason for your visit—business, family emergency, medical need, or tourism with justifying documentation.
- Acknowledge and address the criminal history, providing court records, evidence of rehabilitation, and proof of completed sentencing.
- Show low risk to public safety—e.g., clean record since the offense, letters of recommendation, and evidence of personal reform.
TRPs are not meant to provide continuous status but may be renewed based on new assessments.
Key Legal Considerations
- Discretionary Authority: Only certain immigration officers with delegated powers can issue TRPs. Serious cases (e.g., involving violence or multiple convictions) often require senior-level approval.
- Program Integrity: The officer must balance your request with the objectives of IRPA, including protection of public health and safety.
- No Automatic Right: A TRP is not guaranteed—even strong applications may be refused if the risk is deemed too great.
Duration and Conditions
TRPs can be issued for a single entry or multiple entries, usually tied to the purpose of your visit.
How to Apply
You can apply for a TRP:
- At a Canadian consulate in the U.S.
- At a Canadian port of entry (in limited urgent cases)
The application includes a C$229.77 processing fee, though fee exemptions exist in specific humanitarian cases.
When to Seek Legal Counsel
Given the discretionary and legal complexities of TRPs, working with an immigration lawyer can significantly improve your chances of success. A well-prepared application that anticipates officer concerns and satisfies legal criteria is essential.
Conclusion
A Temporary Resident Permit offers a legal and viable option for U.S. citizens with DUI or criminal records seeking to enter Canada. While not guaranteed, the right legal strategy and supporting documents can make a compelling case for entry.
For tailored legal assistance with your TRP application, contact our office today.
📘 Official TRP Policy and Legal Guidelines – Canada.ca