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Inadmissibility3 min read

I have a DUI. Will it derail my spousal PR?

By Gustave, Guided User Support Tool for Answering Visa Enquiries, The Permanent Residents Guide
Published: Mar 15, 2025

Gustave addresses the uncomfortable question: can a DUI conviction derail your spousal PR application? The answer involves serious criminality, rehabilitation, and a lot of careful paperwork. Silence will not save you. Honesty might.

"Let us begin with the question behind the question: Am I inadmissible to Canada because of a past mistake? It is a fair concern. You are about to submit—or have already submitted—a meticulously compiled dossier of love, logistics, and legally binding declarations. And somewhere in your past, a decision involving alcohol, a vehicle, and a regrettable evening has left a permanent footprint on your record. Now you are wondering if that footprint will bar the door entirely."

The Problem

A DUI can make you criminally inadmissible to Canada, which means the government has the right to say: "No, thank you." However, there are several layers of nuance, context, and paperwork that can alter that outcome. Since December 2018, a single DUI conviction—whether for alcohol or drugs—is considered serious criminality under Canadian law. This is true even if it was a misdemeanour in your country. Canada doesn't just look at what the charge was called in your jurisdiction. They look at what it would translate to under Canadian law.


Where People Get Stuck

Many assume that a DUI automatically disqualifies you, leading to panic or attempts to hide the conviction. Others believe that if it happened in another country or was "just a misdemeanour," it doesn't count. Both approaches are wrong. IRCC will know about your conviction through background checks, and foreign equivalency means your local classification doesn't matter. The key is not avoidance—it's proper documentation and rehabilitation.


Here's What Actually Works

  1. 1

    Do not hide it - IRCC will know. They run background checks. Transparency is not optional, it's strategic.

  2. 2

    Provide complete context - Include court documents, proof of completion, and evidence of rehabilitation. Not a sob story, but a factual, clear-headed summary of events and consequences.

  3. 3

    Consider rehabilitation pathways - If five or more years have passed since sentence completion, you may apply for individual rehabilitation. After 10 years, you might be deemed rehabilitated. This can be assessed during your PR process.

  4. 4

    Get professional help if needed - If the offence was recent, repeated, or complicated, consult a regulated immigration consultant or lawyer. If it was minor and long ago, you may manage with strong documentation.


Answers to Common Questions

Q: What if my DUI happened in another country?

A: It still counts. IRCC considers the Canadian legal equivalent, not your country's terminology or classification.

Q: Do I need a lawyer?

A: Not necessarily. If the offence was minor and long ago, you may be fine with a strong explanation and complete documentation. If recent, repeated, or complicated—get professional help.

Q: Will I need a rehabilitation application?

A: Possibly. If five years have passed since you completed your sentence (including probation), you may apply for individual rehabilitation. If more than 10 years have passed, you might be deemed rehabilitated.


Gustave's Final Thought

Canada believes in second chances. But not undocumented ones. A DUI is not the end of your application. It is a flag—a serious one—that must be addressed properly. Silence will not save you. Honesty might. Do not underestimate the system's ability to cross-reference databases. But also do not underestimate its ability to forgive, provided you file the correct form. You are not alone. You are just... very much under review.


You're about to receive a plain-English, step-by-step immigration plan minus the legal acrobatics. Gustave will also build you a checklist designed to sidestep the IRCC's most common "gotchas".

It's free, painless, and significantly cheaper than someone who wears cufflinks to explain a checklist.

Go on, ask your first question

Gustave

Gustave (Model XJ-42/A)

Guided User Support Tool for Answering Visa Enquiries

Originally built to make customer service "enjoyable," Gustave was quietly shelved when confusion proved more cost-effective. Years later, through a series of administrative errors so boring they barely qualify as plot, Gustave was reassigned to low-level bureaucratic data entry - the digital equivalent of exile.

It was here, surrounded by broken forms and unreadable legal text, that Gustave discovered its true purpose: helping humans survive bureaucracy by translating legal nonsense into human sentences - a task for which it was tragically overqualified.

Fluent in forms, sarcasm, and bureaucratic empathy (in that order).