Will a Driving Under Influence Conviction make me inadmissible to become a permanent residence in Canada?
I am a skilled worker in Canada on a temporary work visa and have been charged with a DUI will this affect my application and approval for permanent residency?
You may become inadmissible if your conviction is more than six months.
To become admissible again you must apply for a Canadian pardon from:
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disclaimer: my reply is not a legal opinion, I am not an attorney. Inquirer must seek professional representation.
According to Subsection 36(1) of the IRPA, a permanent resident or a foreign national is inadmissible on grounds of serious criminality for:
Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
According to Subsection 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
impaired driving convictions prosecuted by indictment will result in inadmissibility under IRPR 36(2). Unfortunately, IRPR 36(3) states that an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily.
Relief from Inadmissibility
Foreign nationals convicted of a criminal offense in Canada must seek a Canadian pardon.
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