Can You Enter Canada With a DUI in 2026?
Last updated: April 07, 2026 | Written by Vahe Mirzoyan RCIC#R514223 | Reviewed by Narek Mirzoyan RCIC#R1005184 at Mirzoyan Immigration
Table of contents
TL;DR
Can you enter Canada with a DUI?
Why a DUI makes you inadmissible to Canada?
How December 2018 law change affects you
What is a Temporary Resident Permit for a DUI?
How do you apply for a TRP with a DUI?
Is a TRP your only option?
What Strengthens a DUI TRP Application?
Conclusion: Get the right answer before you travel
Frequently Asked Questions
Key Takeaways
A DUI can and in most cases will make you inadmissible to Canada.
In 2018 Canada updated its laws and reclassified DUI as serious criminality, closing off some options that previously existed via deemed rehabilitation.
A TRP allows you to enter Canada temporarily for a specific, justified reason.
Criminal rehabilitation permanently addresses your inadmissibility, but there is a five (5) year waiting period after completing your full sentence to be eligible to apply.
We, Mirzoyan Immigration, licensed RCICs, will assess your specific DUI history and build the right application strategy for your situation.
TL;DR
If you have been convicted with a DUI after December 18, 2018, you are inadmissible to Canada. Canada reclassified impaired driving as a serious criminal offence by changing what solutions are available to you. A Temporary Resident Permit (TRP) allows you to enter Canada temporarily despite the DUI conviction. If you are looking for a more permanent solution, criminal rehabilitation is the right fix for you. Criminal rehabilitation comes with caveats, including where you must meet a waiting period before you are eligible. Since that change in 2018, the date of your conviction relative to December 18, 2018, is the single most important factor in your case.
Can You Enter Canada With a DUI?
Yes, but not through a regular visa or an eTA. A DUI conviction triggers criminal inadmissibility under section 36 of Canada's Immigration and Refugee Protection Act (S.C. 2001, c 27). What this means, is that to enter successfully, you need either a valid TRP, approved criminal rehabilitation, or proof of deemed rehabilitation before a Canada Border Services Agency (CBSA) officer will admit you to Canada. Attempting to enter without one of the above puts you at serious risk of being detained or denied entry at the border.
To ensure your entry to Canada is successful, prior preparation is often recommended and in most cases it is necessary. Showing up at the Canadian border and hoping for the best is not a strategy you want to be part of. CBSA officers have access to foreign criminal records in real time.
Why a DUI Makes You Inadmissible to Canada?
Canadian inadmissibility law does not only apply to Canadian convictions. Under IRPA's admissibility provisions, a foreign conviction makes you inadmissible if it is equivalent to a criminal offence under the Criminal Code of Canada. A DUI from the US, UK, Australia, or anywhere else is assessed against its Canadian equivalent, impaired driving under the Criminal Code of Canada.
If that equivalent Canadian offence carries criminal liability, you are inadmissible. A DUI almost always meets that test.
How the December 2018 Law Change Affects You
There is a lot of misinformation on the web about how the December 2018 law change in the Criminal Code of Canada affects inadmissible persons, and most DUI articles get it wrong . On December 18, 2018, Bill C-46 came into force in Canada. It increased the maximum penalty for impaired driving under the Criminal Code from five (5) years to ten (10) years imprisonment.
This single change had major consequences for inadmissibility. Under IRPA, an offence becomes "serious criminality" when the equivalent Canadian offence carries a maximum sentence of ten (10) years or more.
Deemed rehabilitation is an automatic resolution of inadmissibility after ten (10) years, for certain specific cases which is not available for serious criminality. If convicted before December 2018, someone with a single DUI from many years ago could potentially cross into Canada without applying for anything. After December 18, 2018, that door is now shut.
How the cutoff works in practice:
DUI convictions before December 18, 2018, may still be assessed under the previously governing law. Deemed rehabilitation after ten (10) years may apply in certain circumstances.
DUI conviction on or after December 18, 2018, is treated as serious criminality. Deemed rehabilitation does not apply. You need a TRP or approved criminal rehabilitation to enter Canada.
What Is a Temporary Resident Permit for a DUI?
A TRP is issued under section 24 of IRPA that allows you, an inadmissible foreign national, to enter or remain in Canada temporarily. For DUI cases, an immigration officer grants a TRP when your reason for visiting Canada outweighs the risk your conviction represents. The permit is valid for a specific time and purpose. It is not a permanent fix and has a maximum validity of three (3) years.
A TRP does not remove your inadmissibility and every time you have a need to enter Canada, you need to present at the time of your entry a valid TRP, or one of the other previously mentioned authorization.
How Do You Apply for a TRP With a DUI?
You have three options for submitting a TRP application.
1. You can apply online before your travel;
2. You can apply at a Canadian port of entry on arrival (in rare circumstances this is allowed); and
3. If you are already in Canada, you must mail your paper application to Sydney, Nova Scotia, to apply from within Canada.
For DUI cases, applying in advance is almost always the right choice. Applying at the border means an officer has less time to review your request. If they deny you, you are turned away immediately, and this interaction stays on your permanent record. Applying in advance allows you piece of mind before you travel.
Is a TRP Your Only Option?
No. A TRP may be the right solution for your specific case. But it is not the only path and for most, it is a band-aid rather than a permanent solution.
Criminal rehabilitation is the permanent solution. Once approved, your inadmissibility is resolved for good. After being granted your criminal rehabilitation, you no longer need a TRP any time you want to visit Canada. According to IRCC you can become eligible to apply for criminal rehabilitation five (5) years after fully completing your sentence. This includes any probation, fines, and driving prohibitions.
A DUI conviction after December 18, 2018, is considered now as serious criminality. The criminal rehabilitation process is significantly more complex than for minor criminality and the documentation requirements are higher. The review is more thorough. But the approval of criminal rehabilitation permanently addresses your inadmissibility.
Many people apply for a TRP and criminal rehabilitation at the same time. This makes sense, because the TRP covers you while the criminal rehabilitation application is being processed.
What Strengthens a DUI TRP Application?
IRCC or CBSA officers do not approve TRP applications because the applicant said, “I am a good person”. They approve them because the submitted application makes a specific, documented case, and shows a justified need to enter Canada.
The following elements carry significant weight for DUI cases:
A clear reason to visit
You need to have a reason to visit Canada that makes sense. This includes but is not limited to a business contract which needs to be signed in Canada, a family event with a confirmed date, or a medical appointment in Canada. These reasons give an officer something concrete to assess. Vague reasons like "I am visiting a friend" carry less weight and is likely to result in a refusal.
Evidence of time elapsed since the conviction
A DUI from fifteen (15) years ago with no subsequent offences tells a different story than a recent one. If you only have a singular DUI before December 18, 2018, there is a chance that you may be eligible for deemed rehabilitation. Otherwise, if the conviction was after that date, you need to gather documents or information which would assist in strengthening your application. This may include and not be limited to providing certified court records showing the conviction, sentence, and completion date.
Proof that your sentence is fully complete
This means fines paid, probation ended, and any driving prohibition expired. Officers want to see that you have met all conditions which were imposed by the court at the time of sentencing.
A personal statement
A well-written statement by you, explaining the circumstances of the offence. What has changed since the conviction, and why you are visiting Canada now. All these small details help add important context about your travel. It should be honest and specific and not a generic character reference created by AI.
No subsequent criminal history
A single DUI with a clean record is a far stronger case than a DUI with additional offences. Officers always try to look for consistency.
Conclusion: Get the Right Answer Before You Travel
A DUI conviction does not permanently close the Canadian border for you. But it does require a clear strategy, and the rules are not what many think they are.
The worst thing you can do is arrive at a Canadian port of entry and hope the officer does not find your record. They will. The second worst thing is to rely on outdated information that does not account for how IRPA now treats DUI convictions.
Book a DUI inadmissibility consultation with Mirzoyan Immigration today. Your licensed RCIC will review your full conviction history, identify whether a TRP, criminal rehabilitation, or both apply to your situation, and build an application designed to meet the standard officers actually use. Book a consultation to get started before your next trip to Canada.
Frequently asked questions
Can I enter Canada with a DUI from the United States?
A US DUI conviction can make you criminally inadmissible to Canada. IRCC or CBSA Officers compare your US conviction to its Canadian equivalent of impaired driving, which now carries a maximum ten (10) year sentence if the conviction took place after December 18, 2018. This means most US DUI convictions are now assessed as serious criminality under IRPA. A TRP or criminal rehabilitation is required before you can legally enter Canada.
How long after a DUI can I enter Canada without a TRP?
It depends on when your conviction occurred. For a single DUI conviction from before December 18, 2018, deemed rehabilitation may apply after ten (10) years outside Canada if you meet all conditions. For a DUI conviction on or after that date, deemed rehabilitation will not be an option. Criminal rehabilitation becomes an option only five (5) years after your full sentence is completed.
Can I be denied entry to Canada at the border for a DUI?
Yes, Canada Border Services Agency (CBSA) officers can access foreign criminal records at the time you request entry. If you arrive at a Canadian port of entry without a TRP, proof of criminal rehabilitation, or deemed rehabilitation, you will be refused entry. Applying in advance avoids and outcome of you being turned back or being detained at the port of entry.
What is the difference between a TRP and criminal rehabilitation for a DUI?
A TRP is temporary. It allows you to enter Canada for a specific purpose and a defined period (Maximum of 3-year period). Criminal rehabilitation is permanent, once approved by IRCC, your inadmissibility is resolved and you no longer need any special document to enter Canada. Both options are available for DUI inadmissibility. What is right for you on your timeline and how much time has passed since the full sentence has been completed.
Does a DUI from 10 years ago still affect entry to Canada?
A DUI with a conviction date before December 18, 2018, may qualify for a deemed rehabilitation after ten (10) years, depending on the details of your case. A DUI from after that date does not qualify for deemed rehabilitation regardless of how many years have passed. In either case, confirming your admissibility status before you travel rather than discovering the problem at the border is strongly recommended. Trust me, you do not want to be detained and sent to a CBSA detention centre.
