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Working in Canada with a DUI under new laws

Working in Canada with a DUI under new laws

Hi, I am a New Zealand citizen and I'm wanting to move to Canada to work in the Visual Effects industry. However I am very worried about a DUI I had about 8 years ago when I was young and stupid (this is my only offence). Everything I have read online indicates that there is a very slim chance that I will be able to gain entry for work purposes with this on my record. I have read that the law was recently changed and that you may not enter if you have a conviction within 10 years. Usually the company will sponsor my visa, but if its a smaller studio I may have to apply for a working holiday visa.

I was also told by other people online that as of December 19 I will be inadmissible for life not just for 10 years since the offence. Is there any truth to that?

I've read there are 2 options, apply for a TPR, or criminal rehabilitation. Rehabilitation seems to be the best option for me that I can see. With the law changing on December 19, is it worth attempting to submit a rehabilitation application right now? Will all applications submitted before December be affected by that law change as well? I have also just submitted my application for an ETA just in case although I'm sure it will be denied due to the DUI.

Appreciate any advice

Thanks!

Edited: 19 October 2018, 17:10
6 replies to this topic
West Grey, Canada
Destination Expert
for Toronto
Level Contributor
84,036 posts
103 reviews
1. Re: Working in Canada with a DUI under new laws

Hi Nicholas;

Can you please post a link to this "new law" ?

Best Regards

Vancouver, Canada
Destination Expert
for Vancouver
Level Contributor
68,054 posts
66 reviews
2. Re: Working in Canada with a DUI under new laws

Nicholas ~

I think this article is about the new law, effective Dec 18, 2018, that you are referring to:

Link: https:/…gs.RkIN2oc

Do read the “Correction” at the end of the article, part of which says:

<<In fact, foreign nationals and permanent residence holders convicted of impaired driving would only be deemed inadmissible and not be eligible for deemed rehabilitation if the offence is committed after the amendments come into force on December 18, 2018. Only impaired driving offences committed after this date will be considered serious criminality. The amendments will not apply to offences committed before December 18, 2018.>>

Be prepared to apply for rehabilitation once you have been denied the eTA.

Here is another article that seems to explain quite clearly what’s what. There is a link to Bill C-46 if you care to read it. As well, it explains that Bill C-46 was passed in response to our new law legalising marijuana (effective yesterday) which has our government taking steps to keep impaired drivers off the road.

Link:

http://www.mondaq.com/canada/x/721056/general+immigration/Recent+Changes+to+Impaired+Driving+Offenses+and+their+Effect+on+Canadas+Immigration+Laws

Edited: 19 October 2018, 22:44
West Grey, Canada
Destination Expert
for Toronto
Level Contributor
84,036 posts
103 reviews
3. Re: Working in Canada with a DUI under new laws

Thank-you for the link, Mufti.

West Grey, Canada
Destination Expert
for Toronto
Level Contributor
84,036 posts
103 reviews
4. Re: Working in Canada with a DUI under new laws

Hi Nicholas;

As demonstrated, your matter is NOT affected by this new law.

Best Regards

Jasper, Canada
Destination Expert
for Jasper, Jasper National Park, Canadian Rockies
Level Contributor
22,022 posts
130 reviews
5. Re: Working in Canada with a DUI under new laws

Can't help on the DUI issue, but was wondering about this:

>> Usually the company will sponsor my visa, but if its a smaller studio I may have to apply for a working holiday visa.

Are you looking to emigrate to Canada? A WHV is only good for two years, and doesn't lead to permanent residency unless you can find an employer to sponsor you.

6. Re: Working in Canada with a DUI under new laws

Thanks for the replies! This clears everything up for me :) Ill apply for the rehab and update you on the situation at a later date.

Edited: 20 October 2018, 09:36
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