Can a DUI affect permanent residency in Canada?

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

Published November 13, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPA ss. 36 and 64 and Criminal Code s. 320.19 checked that day.

Yes. A DUI conviction can put a permanent resident’s status at risk. Since December 18, 2018, impaired driving, refusing a breath or blood demand and related offences carry a maximum of 10 years on indictment (Criminal Code s. 320.19). That makes a conviction “serious criminality” under IRPA s. 36(1)(a), even if it was prosecuted summarily and you only paid a fine. CBSA can then write a report that leads to an admissibility hearing and a deportation order.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises permanent residents charged with impaired driving, working alongside their criminal lawyer, and represents them at the Immigration Division and Immigration Appeal Division; this guide is by Sundeep S. Grewal.

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Charged, not convicted: what it means

A charge doesn’t affect your status by itself. A conviction does. That is why the immigration advice belongs at the start, while your criminal lawyer is still negotiating: an outcome without a criminal conviction, such as only a provincial roadside prohibition, a discharge, a peace bond, or a stay or acquittal, avoids the problem entirely. A suspended sentence, by contrast, is still a conviction. Whether that is possible depends on the facts and the Crown, and no outcome can be promised.

Offence before December 18, 2018?

Before that date, the maximum for impaired driving prosecuted by indictment was 5 years. In Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, the Supreme Court of Canada held that the maximum that counts is the one available when the offence was committed (para. 56), so a DUI committed before December 18, 2018 generally isn’t serious criminality for a permanent resident.

Why the sentence matters

Already convicted: what happens next

1. CBSA may send a s. 44 letter inviting submissions on why a report shouldn’t go ahead. See a section 44 letter for permanent residents.
2. If it goes ahead: the admissibility hearing.
3. With a removal order, you can usually appeal to the IAD, which looks at rehabilitation, how long you’ve lived here, family, children and hardship. See removal order appeals.

Can a record suspension fix it?

Yes, once granted, but you must wait out the waiting period after your sentence is complete before applying. In the meantime the conviction counts.

Why this needs a lawyer

One lawyer, one file, every step:

• reviewing the charge with your criminal lawyer before any plea;
• explaining which outcomes protect your status;
• answering a CBSA s. 44 letter;
• the admissibility hearing and an IAD appeal.

A plea that is fine for the criminal case can be the wrong one for immigration. Both lawyers need to talk before you decide.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Pleading guilty at the first appearance to “get it over with”.
• Assuming a fine means the offence is minor for immigration.
• Not telling the criminal lawyer you’re a permanent resident.
• Travelling abroad with a pending charge without advice.

Frequently asked questions

I’m a permanent resident with a DUI. Will I be deported?

Not automatically. CBSA has discretion to write a report, and with a sentence under 6 months you can appeal on humanitarian grounds.

Does an immediate roadside prohibition count?

No. It’s a provincial administrative penalty, not a criminal conviction.

Is a second DUI worse?

Yes. It raises the chance of jail and of a report, and weighs against you at an appeal.

Can I become a citizen with a DUI?

A conviction and probation affect citizenship timing; get advice before applying.

Related guides: what crimes can get a permanent resident deported, the immigration consequences of a criminal plea, a section 44 letter for permanent residents, a pending criminal charge.

What should I do right now?

If you’re charged, tell your criminal lawyer you’re a permanent resident and book an immigration consultation before your next court date.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Criminal Code, s. 320.19
• Immigration and Refugee Protection Act, s. 36
• Immigration and Refugee Protection Act, s. 64
• Immigration and Refugee Protection Act, s. 44
• Immigration and Refugee Protection Act, s. 67
• Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, [2017] 2 SCR 289

This article is general information, not legal advice. Every case depends on its own facts.