Important Updates
Important Updates
December 15, 2025 | BelarusBelarus: Visa-exempt Road, Rail Entry Extended to Additional European Countries
December 16, 2025 | European UnionEuropean Union: Tougher Schengen Visa Rules for Russian Nationals in Effect
December 16, 2025 | IrelandHR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026
December 16, 2025 | United StatesUnited States: Travel Ban Expanded and Revised, Effective January 1, 2026
December 15, 2025 | United StatesABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas
December 15, 2025 | BelarusBelarus: Visa-exempt Road, Rail Entry Extended to Additional European Countries
December 16, 2025 | European UnionEuropean Union: Tougher Schengen Visa Rules for Russian Nationals in Effect
December 16, 2025 | IrelandHR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026
December 16, 2025 | United StatesUnited States: Travel Ban Expanded and Revised, Effective January 1, 2026
December 15, 2025 | United StatesABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas
December 15, 2025 | BelarusBelarus: Visa-exempt Road, Rail Entry Extended to Additional European Countries
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Changes to Sentencing for Impaired Driving will Increase Inadmissibility to Canada

July 5, 2018

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

Bill C-46, which will increase the maximum term of imprisonment for driving while impaired, received Royal Assent and will take effect on December 18, 2018.

A closer look

  • Bill details. Effective December 18, 2018, the bill will increase the maximum term of imprisonment for driving while impaired from not more than five years to not more than ten years.
  • Effect of lengthier sentencing. Due to the change in the maximum sentencing provision, impaired driving will now be categorized as “serious criminality”, which affects the scope of inadmissibility under Canadian immigration law.
  • Background. Currently, a foreign national with a single impaired driving conviction in Canada or abroad is inadmissible to Canada for ‘regular’ criminality. Regular and serious criminality can be overcome in the short term by applying for a Temporary Resident Permit (TRP) or in the long term by applying for criminal rehabilitation. In the case of the TRP, if the crime is categorized as ‘regular criminality’, the foreign national is more likely to have it granted. Additionally, under the current law, foreign nationals with a single impaired driving conviction will be deemed rehabilitated after 10 years have passed since the completion of the sentencing component of the offense and will no longer need a TRP.

 

Effect of ‘serious criminality’ determination:

  • Temporary residents. By categorizing impaired driving as ‘serious criminality’, a foreign national who has been convicted of driving while impaired, or a similar offense, will no longer be automatically deemed rehabilitated 10 years after the completion of the sentence. The foreign national will only have the option of applying for criminal rehabilitation or a TRP.
  • Permanent residents. A finding of serious criminality makes a permanent resident inadmissible and may result in loss of PR status. If the person is sentenced to a term of imprisonment of six months or more, the right to appeal the loss of status is gone and a permanent resident can be removed from Canada.
  • Inadmissibility classification. Foreign nationals with pending applications for permanent residence, who have been convicted of driving while impaired, or similar offenses, under the new classification, may now be inadmissible to Canada.  The inadmissibility of the main applicant may also affect the admissibility of the accompanying dependents. The inadmissibility may be cured by filing with an approved application for criminal rehabilitation.
  • Possible retroactive application. It is possible that current temporary or permanent residents who have committed such a crime and who have previously been deemed rehabilitated because of the passage of time, may become inadmissible to Canada.  Fragomen will provide updates as information is confirmed on this topic.

 

Looking ahead

The Canadian government has yet to release program directives regarding the application of Bill C-46 and impact on foreign nationals and permanent residents in Canada who were previously deemed rehabilitated. It is also unclear at this time whether the current policy of immigration officers allowing U.S. nationals with one driving under the influence offense to be admitted to Canada with a TRP (but with a waived fee) will continue.

Foreign nationals who have a conviction for impaired driving, or related matter, who wish to enter Canada should consider applying for permanent criminal rehabilitation and consult their legal advisors.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About U.S. Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About U.S. Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.