Important Updates
Important Updates
February 18, 2026 | United StatesUnited States: Quota for First of Three Supplemental H-2B Visa Allocations Is Reached for FY 2026
February 18, 2026 | Saudi ArabiaArabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens
February 18, 2026 | CanadaCanada: Biometrics Waived for Certain FIFA-Invited Visitors for 2026 World Cup
February 18, 2026 | Australia, New ZealandDoyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers
February 18, 2026 | Slovak RepublicSlovakia: New Digital Immigration Platform
February 18, 2026 | United StatesUnited States: Quota for First of Three Supplemental H-2B Visa Allocations Is Reached for FY 2026
February 18, 2026 | Saudi ArabiaArabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens
February 18, 2026 | CanadaCanada: Biometrics Waived for Certain FIFA-Invited Visitors for 2026 World Cup
February 18, 2026 | Australia, New ZealandDoyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers
February 18, 2026 | Slovak RepublicSlovakia: New Digital Immigration Platform
February 18, 2026 | United StatesUnited States: Quota for First of Three Supplemental H-2B Visa Allocations Is Reached for FY 2026
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

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

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

© 2026 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.