An Easy Way to Lose Residency Status in Canada

An Easy Way to Lose Residency Status in CanadaYou can be removed from Canada in a flash, even if you committed just a seemingly minor offence. Why seemingly? Because what seems to you a minor offence can be considered a serious crime in Canada.

Driving under the influence (DUI) is a serious crime in Canada. It means that permanent residents or temporary residents (foreign students with study permits, temporary workers or tourists with visitor visas) can be removed from Canada if caught driving under the influence.

Immigration and Refugee Protection Act (IRPA) states that serious criminality is an offence punishable by a term of imprisonment of at least 10 years. As those who commit DUI offences now face up to 10 years of prison (and not just 5 like in the past), these offences are classified as serious criminality and imply expulsion from the country.

Even if you are convicted for DUI outside Canada — for instance, while being on vacation overseas — you risk being prohibited to enter Canada.

This measure (Bill C-46) was enacted in 2018 resulting from the legalization of cannabis for recreational use in Canada. The effect of this bill extends to permanent and temporary residents of Canada, but not to Canadian citizens. That is why it is highly recommended to apply for Canadian citizenship as soon as you become eligible to do so.

To be able to apply for a Canadian passport, you need to be physically present in the country for at least 1,095 days within 5 years before you apply. Only a fraction of time spent as a temporary resident may be used to calculate your total time spent in the country.

If you are a Canadian citizen, you are still under the DUI law and should fear potential years of imprisonment, but you will not face the expulsion from the country.

If you got behind the wheel after drinking a can of beer or smoking a joint, and if you are not yet a Canadian citizen, you can apply for criminal rehabilitation. However, to be able to do it, you need to wait 10 years after the crime was committed.

Wherever you are — in Canada or abroad — you can save yourself from a lot of trouble if you stay away from the wheel while being under the influence.

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