Did you know that a single DUI conviction can put your future in Canada at risk? In this video, I’ll explain how a DUI can affect your immigration status if you’re a permanent resident.
DUI: From Criminality to Serious Criminality
Before December 2018, a DUI conviction was considered “criminality” under Canadian immigration law, which didn’t directly impact permanent residents. However, changes to the Criminal Code now mean that impaired driving offenses can lead to a maximum penalty of up to 10 years in prison. This change means a DUI is now considered “serious criminality” under the Immigration and Refugee Protection Act.
DUI Consequences for Permanent Residents
So, what does this mean for permanent residents? If you’re convicted of a DUI in Canada, you could be considered inadmissible due to serious criminality, which can lead to deportation. This is a big change, and it’s important to understand the process.
Inadmissibility Process for DUI Convictions
If you’re a permanent resident convicted of a DUI, the Canada Border Services Agency, the CBSA, may send you a “fairness letter” stating that you meet the definition of serious criminality. You can then make submissions explaining why the CBSA should not proceed with deportation, including humanitarian and compassionate reasons.
The CBSA officer will review your submissions and decide whether to start the inadmissibility process by writing a Section 44 report. If the process moves forward, the Immigration Division of the Immigration and Refugee Board will hold a hearing to determine if you’re inadmissible. If found inadmissible, a removal order will be issued.
Appealing Removal Order & Potential Solutions
It’s important to know that if you’re sentenced to less than six months in jail, you can appeal the removal order. However, even a first offense can result in losing your permanent resident status and being deported.
The consequences don’t end there. If you’re deported, you may not have the right to appeal the removal order and could be considered inadmissible to re-enter Canada. Lying to CBSA officers about a DUI arrest or conviction can make your situation even worse and hurt your chances of successfully appealing a removal order.
If you’re a permanent resident charged with a DUI in Canada, it’s essential to get legal advice from an experienced lawyer, as the consequences can be very serious. Possible solutions may include applying for a record suspension from the Parole Board of Canada or rehabilitation to overcome inadmissibility.
Protect Your Immigration Status: Seek Legal Help
To sum it up, a DUI conviction can have a big impact on your immigration status in Canada. It’s crucial to know your rights and understand the legal process to deal with these challenges effectively.
Can a DUI conviction lead to deportation for permanent residents in Canada?
Yes, a DUI conviction can result in a permanent resident being deemed inadmissible due to serious criminality, which may lead to deportation proceedings.
Can permanent residents appeal a removal order issued due to a DUI conviction?
Permanent residents sentenced to less than six months in jail for a DUI conviction can appeal the removal order, but even a first-time offense can lead to loss of status and deportation.
