FAQ

The following is a list of questions that we receive on a regular basis. Should you require information for a particular situation, please do not hesitate to contact us for a free consultation.

1I was convicted of OVI, as opposed to DUI. Does that impact my admissibility into Canada?

The exact name of the alcohol-related driving offence can vary depending on the country or state where it is committed. However, regardless of the name attributed to it, this offence can render a person inadmissible and prevent entry to Canada. This applies to the following, non-exhaustive, list of terms:

  • DUI (Driving Under the Influence)
  • DWI (Driving While Intoxicated)
  • DWAI (Driving While Ability Impaired)
  • OUI (Operating Under the Influence)
  • OVI (Operating a Vehicle Under the Influence)
2I was arrested for a DUI but convicted of a “Wet Reckless”. Am I still admissible?

A “Wet Reckless” usually consists in a charge of Reckless Driving with a mention that alcohol was involved. This offence can nonetheless still render a person inadmissible and prevent entry to Canada.

3I was arrested recently and not yet convicted of a crime. Can I still be allowed to enter Canada?

Inadmissibility is not determined solely on the basis of whether a person was convicted of having committed an offense or not. Being arrested for having committed an offense is sufficient to render a person inadmissible and prevent entry to Canada.

4Are alcohol-related driving offences (DUI, OVI, DWI, etc.) the only kinds of offenses that can prevent entry to Canada?

No. A number of offences, for which a conviction has resulted or a case is pending, can lead to inadmissibility. Should you wish to discuss your specific situation, we invite you to contact us.

5Can I enter Canada with a DUI offense if I do not intend on driving a motor vehicle while in Canada?

No. Canadian immigration authorities do not distinguish whether an individual will or will not drive while in Canada, whether they arrive at the border by land or by air.

6I received a suspended sentence for my offense and have not yet officially been convicted. Can I enter Canada?

For inadmissibility purposes, a suspended sentence is considered a conviction. Consequently, this can lead to inadmissibility.

7The court has dismissed the charge against me. Am I admissible to enter Canada?

Inadmissible cannot be based on a conviction for which there has been a final determination of an acquittal. However, such a conclusion should only be reached after carefully reviewing documents that support this position. We welcome all inquiries concerning this subject.

8My criminal record was sealed. Can I be allowed to enter Canada?

The fact that records have been sealed does not necessarily mean that a person should be considered admissible to enter Canada, as sealed records do not automatically equal a dismissal of charges. Please contact us to discuss any specifics concerning this subject.

9I was visiting Canada and was arrested there for committing an offense. Can I still remain in the country?

If a foreign national commits an offense while in Canada, this can still lead to inadmissibility, in which case the person would have to leave the country.

10How long can a temporary resident permit be granted for?

A temporary resident permit can be granted for any duration of time, up to a maximum of three years. The duration for which a permit can be granted is determined upon review of the application and is discretionary.

11What happens after a temporary resident permit expires?

After a temporary resident permit expires, a person once again becomes inadmissible and can no longer enter Canada. In order to remedy this, a new temporary resident permit can be request or, if the person is eligible, an application for criminal rehabilitation can be submitted.

12If I’m granted a temporary resident permit, will it still be valid if I exit Canada?

The question of whether a temporary resident permit will remain valid after exiting Canada depends on the conditions attached to the permit in question. In other words, it has to be specified on the permit that exiting Canada will not invalidate it in order to be able to present it again afterwards when entering Canada subsequently.

13If I’m granted a temporary resident permit replace, do I still need to obtain a visa if I was initially required to do so?

A temporary resident permit only concerns the issue of inadmissibility and is not a substitute for a visa and does not relieve a person from the obligation of obtaining a visa. If a person is a citizen of a country for which Canada requires a travel visa, the visa must still be obtained.

14How long after a conviction can I apply for criminal rehabilitation?

A person becomes eligible to apply for criminal rehabilitation five years after the completion of all conditions related to the imposed sentence. This includes probation periods.