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EXECUTIVE SUMMARY
A Michigan resident with an Operating While Intoxicated (OWI) conviction faces inadmissibility to Canada but has three potential pathways for entry: Temporary Resident Permit for immediate needs, Criminal Rehabilitation for permanent resolution after five years, or Deemed Rehabilitation after ten years. Each option requires specific documentation and procedural steps outlined below.
ISSUE PRESENTED
What options are available to a Michigan resident with an OWI conviction who seeks to enter Canada, and what steps must be taken to qualify under each exception to inadmissibility?
GOVERNING LEGAL FRAMEWORK
Under the Immigration and Refugee Protection Act (IRPA), individuals with criminal convictions may be deemed inadmissible to Canada. Section 36(2)(a) of IRPA renders inadmissible any foreign national convicted of an offense outside Canada that, if committed in Canada, would constitute an indictable offense punishable by a maximum term of imprisonment of at least ten years. However, Section 36(3) (a) provides exceptions for summary conviction offenses or single offenses not punishable by
maximum imprisonment of ten years or more.
A Michigan OWI conviction is considered equivalent to impaired driving under Section 320.14(1)(a) of the Criminal Code of Canada, which carries a maximum penalty of five years imprisonment. This constitutes “non-serious criminality” under Canadian law, making rehabilitation options available after specified waiting periods.
The Immigration and Refugee Protection Regulations (IRPR) establish three primary mechanisms for overcoming inadmissibility: Temporary Resident Permits (sections 179-180), Criminal Rehabilitation (sections 17.1-18.2), and Deemed Rehabilitation (section 18(2)).
AVAILABLE OPTIONS AND PROCEDURAL REQUIREMENTS
Option 1: Temporary Resident Permit (TRP)
Legal Authority and Standard
Section 24(1) of IRPA authorizes officers to issue TRPs when a foreign national’s need to enter Canada outweighs health and safety risks to Canadian society. This discretionary remedy is available immediately after conviction without waiting periods.
Step-by-Step Application Process
The client must first conduct a pre-application assessment to identify compelling reasons for travel, such as business obligations, family emergencies, or humanitarian circumstances. Essential documentation includes certified court records, police reports, proof of sentence completion, and character references from employers or community leaders.
Application preparation requires completing Form IMM 5708, drafting a detailed letter explaining the travel necessity, and assembling rehabilitation evidence including employment records, community service, and any counseling completion certificates. The client should also prepare a risk mitigation plan addressing public safety concerns.
For submission, the application goes to the appropriate Canadian visa office or port of entry with a $200 CAD processing fee. The client must respond promptly to requests for additional information and attend interviews if required. Upon approval, the client must carry the original TRP letter and prepare for secondary examination at the border while ensuring compliance with any imposed conditions.
Option 2: Criminal Rehabilitation
Legal Authority and Standard
Sections 17.1-18.2 of IRPR establish Criminal Rehabilitation as a permanent solution to inadmissibility.
The applicant must demonstrate rehabilitation and unlikelihood of committing further crimes. For nonserious criminality, a five-year waiting period applies from complete sentence satisfaction.
Step-by-Step Application Process
Eligibility verification requires confirming that five full years have passed since completion of all sentence components, including fines, probation, and license suspension, with no additional convictions during this period.
Document assembly involves obtaining certified court records from all jurisdictions, complete police records, FBI background checks, and proof of sentence completion from relevant agencies. The client must also secure a driving abstract showing license reinstatement.
Rehabilitation evidence collection is crucial and should include employment records demonstrating stable work history, educational achievements, community involvement documentation, support letters from family and employers, evidence of alcohol treatment completion, and professional assessments when applicable.
Application completion requires Form IMM 1444, a detailed personal statement explaining circumstances and rehabilitation efforts, a timeline of post-conviction improvements, and an explanation of lessons learned from the offense.
The submission process involves filing with the designated Canadian consulate, paying the $200 CAD fee, responding to documentation requests, and attending interviews if requested. Upon approval, the client receives a Certificate of Criminal Rehabilitation, permanently resolving inadmissibility for that conviction.
Option 3: Deemed Rehabilitation
Legal Authority and Limitations
Section 18(2) of IRPR provides automatic rehabilitation after ten years for individuals with single nonserious criminality convictions who have committed no other offenses. However, this determination occurs at the port of entry without formal certification, creating inherent uncertainty.
Step-by-Step Preparation Process
Eligibility confirmation requires verifying exactly ten years have passed since sentence completion, confirming only one conviction exists, and ensuring no criminal activity during the ten-year period.
Documentation preparation should include complete criminal history from all jurisdictions, certified court records showing the single conviction, evidence of sentence completion dates, and police clearance certificates covering the full ten-year period.
Border crossing preparation involves assembling a comprehensive documentation package, preparing detailed explanations of conviction circumstances, gathering rehabilitation evidence, and preparing for potential secondary examination.
At the port of entry, the client must present documentation to immigration officers, answer questions about the conviction and rehabilitation, and await the officer’s determination. Given the discretionary nature of this assessment, clients should consider formal Criminal Rehabilitation applications if circumstances are complex and prepare alternative travel plans in case entry is denied.
STRATEGIC RECOMMENDATIONS
For immediate travel needs within five years of sentence completion, pursue a TRP application with compelling justification and comprehensive rehabilitation evidence. For permanent resolution, apply for Criminal Rehabilitation once eligible after the five-year waiting period, as this provides certainty and eliminates ongoing inadmissibility.
Deemed Rehabilitation should be considered only when formal Criminal Rehabilitation is unavailable and circumstances strongly support the client’s eligibility, given the uncertainty of port-of-entry determinations.
PRACTICAL CONSIDERATIONS
Processing times vary significantly: TRP applications require 3-6 months when processed outside Canada, while Criminal Rehabilitation applications take 6-12 months. All applications should be submitted well in advance of intended travel dates.
Given the discretionary nature of these remedies and complexity of equivalency determinations, retaining qualified Canadian immigration counsel is strongly recommended to maximize success prospects and ensure proper application preparation.
CONCLUSION
While an OWI conviction renders individuals inadmissible to Canada under IRPA Section 36(2)(a), multiple statutory pathways exist for overcoming this inadmissibility. The choice between TRP and Criminal Rehabilitation depends primarily on timing constraints and whether permanent or temporary resolution is sought. Success in any pathway requires thorough preparation, comprehensive documentation, and strategic presentation of rehabilitation evidence.