DUI and Travel to Canada

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1

Canadian Immigration and Refugee Act

Under the Canadian Immigration and Refugee Act, no person who has committed an Indictable Offense may enter Canada unless they are deemed rehabilitated. This law applies even if the charge is just a pending charge where there has been no resolution to the case. People with felony convictions, DUI's, shoplifting, assault, unauthorized possession of a firearm, possession of a illegal substances convictions even misdemeanors are considered to have committed an Indictable Offense and thus are barred from entry to Canada.

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Removal of Inadmissible Status

The Inadmissibility Status of an Indictable Offense can be removed by applying for a Ministry Approval of Rehabilitation. This process can be initiated after five years have elapsed from the termination of probation. In Washington, the probationary period for a DUI conviction is at least two years and can be as long as five years which is the statutory maximum. Once probation is terminated, the individual must wait another five years before petitioning for a Minister's Approval of Rehabilitation.

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Inadmissible Individuals Can Enter Canada

Individuals can enter Canada during their period of Inadmissible Status. In order to do so they are required to apply for a Temporary Resident Permit. If they are seeking entry for a single or limited period the Temporary Permit application must be completed. The Canadian Government will charge a fee for a Temporary Resident Permit.

Additional Resources

The Law Offices of Lance G. Miyatovich PLLC

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