Since December 2018, impaired driving (DUI) is classified as “serious criminality” in Canada. To sponsor a spouse with a foreign DUI conviction, they generally must wait 5 years after their sentence is complete to apply for Criminal Rehabilitation. The IRCC processing fee for this serious offence is $1,231.00 CAD.
Bringing your husband, wife, or partner to Canada is an exciting journey, but a past mistake can bring the process to a complete halt. Immigration, Refugees and Citizenship Canada (IRCC) strictly screens all applicants for criminal inadmissibility. A common hurdle for many couples is a past conviction for driving under the influence (DUI). 🚨 Whether the offence happened in the United Kingdom, Australia, or anywhere else, the IRCC evaluates it based on Canadian law.
In December 2018, the Canadian government enacted strict new rules for impaired driving. The maximum penalty for a DUI in Canada increased to 10 years in prison, which legally elevated the offence to “serious criminality.” This means that a single DUI conviction on your spouse’s record, even if it was just a fine and no jail time, makes them permanently inadmissible to Canada unless formal steps are taken to overcome it. Navigating this process is complex, and many families choose to consult a Canadian immigration lawyer from our directory to handle the intricate paperwork.
Step-by-Step Process in Canada
Overcoming serious criminality requires a structured approach. Whether you plan to settle in Toronto, Vancouver, or Calgary, the federal IRCC rules apply equally across all provinces. Here is how you generally proceed.
Step 1: Understand the Serious Criminality Rules
First, you must evaluate the exact date of the offence and the sentencing. Because a DUI is now considered an indictable offence carrying a maximum penalty of 10 years, “deemed rehabilitation” (which used to automatically clear someone after 10 years) no longer applies to DUIs committed after December 18, 2018. 📅 Your spouse will actively need to apply for Criminal Rehabilitation.
Step 2: Obtain Police Certificates and Court Records
Your spouse must gather comprehensive documentation from the country where the offence occurred. This includes nationwide police certificates and exact court records detailing the original charge, the final conviction, and the specific sentence imposed. It is critical to prove exactly when the sentence—including any driving bans, fines, or probation—was completely finished.
Step 3: Determine Eligibility for Criminal Rehabilitation
To be eligible to apply for Criminal Rehabilitation, exactly 5 years must have passed since the very last day of the sentence. For example, if your spouse paid a fine in 2020 but had a driving ban that ended in May 2021, the 5-year clock starts in May 2021. They would be eligible to apply in May 2026.
Step 4: Apply for a Temporary Resident Permit (TRP) if Ineligible
If 5 years have not yet passed, your spouse cannot apply for Criminal Rehabilitation. In highly exceptional cases, they might be eligible for a Temporary Resident Permit (TRP). However, TRPs for serious criminality are extremely difficult to get and are usually only granted for urgent humanitarian reasons, not simply to speed up a spousal sponsorship.
Step 5: Submit the Spousal Sponsorship Application
Once Criminal Rehabilitation is approved, the inadmissibility is permanently resolved. You can then submit your full Spousal Sponsorship package to the IRCC. Ensure you include the official rehabilitation approval letter, along with all standard forms like the IMM 1344 and proof of your genuine relationship.
How Much Does it Cost in Canada?
Overcoming a DUI adds significant financial costs to the standard sponsorship process. All fees are listed in Canadian dollars (CAD):
- Criminal Rehabilitation Fee: $1,231.00 CAD (Because a DUI is classified as serious criminality).
- Spousal Sponsorship Fee: $1,260 CAD (Includes the sponsor fee, principal applicant fee, and right of permanent residence fee).
- Biometrics Fee: $85 CAD.
- Translation Costs: If court records are not in English or French, expect to pay $100 to $300 CAD for certified translations.
- Immigration Lawyer Fees: Retaining a law firm to handle a complex inadmissibility sponsorship usually ranges from $4,000 to $7,000+ CAD.
| Application Type | Government Fee (CAD) | Requirement |
|---|---|---|
| Criminal Rehabilitation | $1,231.00 | Mandatory for DUIs after Dec 2018 |
| Spousal Sponsorship | $1,260 | Mandatory for all couples |
| Temporary Resident Permit | $246.25 | Optional (if under 5 years) |
How Long Does the Process Take?
The timeline for sponsoring a spouse with a DUI is significantly longer than a standard application. Processing a Criminal Rehabilitation application currently takes the IRCC anywhere from 12 to 18 months, depending on the visa office. Once the rehabilitation is officially approved, the standard spousal sponsorship processing time outside Quebec takes approximately 16 months for outland (outside Canada) applications or 25 months for inland (inside Canada) applications. Preparing for a total timeline of over two years is generally necessary.
Frequently Asked Questions (FAQ)
Can we apply for Sponsorship and Rehabilitation at the same time?
While some visa offices allow you to submit both applications together, it is highly risky. If the IRCC denies the Criminal Rehabilitation, your entire Spousal Sponsorship application will be refused, and you will lose your sponsorship fees.
What if the DUI charge was dropped or dismissed?
If your spouse was never convicted and the charges were completely dismissed or withdrawn, they are generally not inadmissible. However, you must still provide the court documents proving the dismissal to the IRCC.
Does a wet reckless count as a DUI in Canada?
Yes. The IRCC looks at the equivalent offence in Canada. A lesser charge like “wet reckless” in another country often equates to dangerous driving or impaired driving under the Canadian Criminal Code, meaning it still triggers inadmissibility.
Do we need a medical exam if there is a DUI on record?
Yes, your spouse must still pass the standard immigration medical exam. Occasionally, if there is a history of alcohol-related offences, the IRCC panel physician may request additional testing to ensure there is no ongoing substance abuse issue.
Will a pardon from the foreign country help?
A foreign pardon is not automatically recognized by Canada. The IRCC will assess if the foreign pardon is legally equivalent to a Canadian Record Suspension. In most cases, a formal Criminal Rehabilitation application is still the safest route.
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