Entering Canada After OWI Conviction

Entering Canada After OWI Conviction

Many Americans are shocked to learn how difficult entry into Canada with OWI charges can be. The Canadian border now has full access to the FBI criminal database The Canadian border now has full access to the FBI criminal database known as US National Crime Information Center (NCIC) via the country’s CPIC database, which is operated by the RCMP and interfaced with NCIC. Section 36 of Canada’s Immigration and Refugee Protection Act (IRPA) provides that persons are criminally inadmissible to Canada if they are “convicted of an offense outside of Canada which if committed in Canada would be an offense under the Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.” This allows Canada to keep out foreign nationals who have been charged with a potentially indictable offense such as assault, fraud, or drug trafficking, but also allows Canada to deny entry to anyone convicted of impaired driving, which in Canada is punishable by up to 10 years in jail. The fact that a first offense OWI in Wisconsin is non-criminal is irrelevant under Canadian law. 

If you have been convicted in Wisconsin of OWI or a related impaired driving offense, to overcome your inadmissibility and ensure you are not denied entry at the border due to criminality you will need a Temporary Resident Permit (TRP). The Law Office of Michael Hayes, LLC recommends that you retain Clear Access Law in Montreal which will prepare a TRP application for USD 1500 (half upfront and half upon completion of the legal work). There is also a government processing fee of USD 155. Ben Clarke, ben@clearaccesslaw.com, 1-844-202-4276, advises that it will take three to four months to process a TRP application, which requires an FBI background check. Once approved for a TRP, you would know with 100% certainty that your OWI will not cause you to be refused entry at the Canadian border for as long as the permit is valid. A TRP is valid for up to 3 years. Once eligible to request permanent access to Canada after 5 years, much of this paperwork can be reused. 

A fine, detailed explanation is at CanadaDUIEntryLaw.com.