Charged with impaired driving in BC on a work or study permit: what a conviction means for your status

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 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 10, 2026: sections 36 and 44 of the Act, section 228 of the Regulations and section 320.19 of the Criminal Code checked that day.

If you are in BC on a work permit or a study permit and you have been charged with impaired driving, the charge itself does not make you inadmissible. A conviction does. Impaired driving carries a maximum of 10 years, so any conviction, even with only a fine, is “serious criminality” under the immigration law. For a temporary resident, that usually means a deportation order made by a CBSA officer, without a hearing and without an appeal. The time to protect your status is before the criminal case is resolved.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises temporary residents and permanent residents on the immigration effect of criminal charges and answers CBSA section 44 letters; this guide is by Sundeep S. Grewal.

Book a consultation about your inadmissibility TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

Why is impaired driving “serious criminality”?

Since December 18, 2018, the Criminal Code penalty for impaired driving has been up to 10 years on indictment (section 320.19). Under section 36(1)(a) of the Act, a person is inadmissible for serious criminality if convicted in Canada of an offence “punishable by a maximum term of imprisonment of at least 10 years”. Under section 36(3)(a), an offence that can be prosecuted either way is treated as indictable, even if the Crown proceeded summarily.

So the sentence does not matter for this test. A first offence with a $1,000 fine is still serious criminality.

Is a BC roadside prohibition the same?

No. An Immediate Roadside Prohibition (IRP) is an administrative driving prohibition under BC’s motor vehicle law. It is not a criminal charge or a conviction, so it does not on its own make you inadmissible. What matters for immigration is whether you were charged under the Criminal Code.

Why this needs a lawyer

One lawyer, one file, every step:

• immigration advice to your criminal lawyer before a plea or trial;
• a written answer to CBSA’s section 44 letter, if a conviction happens;
• judicial review within 15 days of a removal order;
• a stay of removal, a temporary resident permit, or rehabilitation later.

In my experience the most important conversation happens in the criminal case, not the immigration one. What you plead to, and what the record says, decides whether section 36(1)(a) applies at all.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. Before the case ends: get immigration advice and share it with your criminal lawyer. The immigration consequence is part of what they need to know. An outcome that is not a Criminal Code conviction, such as a plea to a provincial driving offence or a discharge where one is available, does not trigger section 36(1)(a). Whether one is available is for your criminal lawyer and the Crown.
2. Keep your permit valid. A pending charge does not end your status. Apply to extend on time and answer the criminal charge question truthfully. In my experience, officers usually hold the extension decision until the charge is decided, so you may be on maintained status for a while.
3. After a conviction: answer CBSA’s letter in writing. The officer has discretion not to write or refer a report, and your circumstances belong in that answer.
4. After a removal order: judicial review and, if removal is scheduled, a stay motion in the Federal Court. 15 days.
5. Later: a temporary resident permit, or rehabilitation once five years have passed since the sentence was completed.

What happens after a conviction?

A CBSA officer can write a report under section 44(1) of the Act. For a foreign national whose only ground is serious criminality under section 36(1)(a), section 228(1)(a) of the Regulations says the report is not sent to the Immigration Division. The Minister’s delegate makes a deportation order directly.

The letter usually says something like: “a report under subsection 44(1) [..] may or will be prepared alleging that you are inadmissible to Canada under paragraph 36(1)(a).” That letter is your chance to be heard before the decision.

A deportation order means you need written permission to return to Canada at any time after it is enforced (section 226(1)). A work or study permit holder has no appeal to the Immigration Appeal Division, because that appeal is limited to permanent residents, protected persons and holders of a permanent resident visa (section 63).

Impaired driving and status at a glance

What if I am a permanent resident?

A permanent resident convicted of impaired driving is also inadmissible under section 36(1)(a), but the report goes to the Immigration Division, and there is a right of appeal to the Immigration Appeal Division unless the sentence was at least six months. See our guide on a CBSA section 44 report for permanent residents.

Worked example: the timing

Example. A worker on a closed work permit in Abbotsford is charged in October 2026 and his trial is set for March 2027. His permit expires in January 2027. He applies to extend in December 2026, answers the charge question truthfully, and gets immigration advice to his criminal lawyer in November. If he is convicted in March, the CBSA letter will follow. If the case ends another way, the extension is decided without a conviction on the record.

What to gather now

• The charge documents: the information or appearance notice showing the exact section.
• Any IRP or licence paperwork, kept separate from the criminal file.
• Your immigration documents: permits, pending applications and their dates.
• Your life in Canada: work, studies, family, community, for any later answer to CBSA.

Mistakes I have seen

• I have seen people plead guilty at a first appearance to get it over with, without knowing it meant deportation.
• I have seen people treat an IRP and a criminal charge as the same thing, in both directions.
• I have seen people leave a charge off an extension form. That creates a misrepresentation problem on top of the criminal one.
• I have seen people ignore the CBSA letter because they thought nothing could be said after a conviction.

Frequently asked questions

Will I be deported for an impaired driving charge?

Not for the charge alone. A conviction is what makes a temporary resident inadmissible for serious criminality, and that usually leads to a deportation order.

Does the fine or sentence matter?

Not for whether you are inadmissible. The test looks at the maximum penalty, which is 10 years.

Can I get a hearing?

For a foreign national inadmissible only under section 36(1)(a), the delegate decides without an Immigration Division hearing. You can make written submissions before the decision.

Is deemed rehabilitation available?

No. Deemed rehabilitation does not apply to serious criminality. Individual rehabilitation can be applied for once five years have passed since the sentence was completed.

Can my PR application continue?

A conviction makes you inadmissible for permanent residence too, unless rehabilitation or another exemption applies.

Related guides

See our guides on entering Canada with a DUI, a section 44 report for permanent residents, what each IRCC and CBSA letter means and an immigration opinion letter before a plea or sentencing.

Related guides: refused entry at the border and a pending criminal charge and your immigration application.

What should I do right now?

Find your next court date and the exact charge. Tell your criminal lawyer you are on a work or study permit, and get immigration advice before that date. Keep your permit valid and answer every form truthfully.

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

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Act, s. 36 (current to October 19, 2026), s. 44, s. 63 and s. 72
• Immigration and Refugee Protection Regulations, s. 228 and s. 226
• Criminal Code, s. 320.19

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