{"id":2588,"date":"2026-11-13T22:32:22","date_gmt":"2026-11-13T22:32:22","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/dui-affect-permanent-residency-canada\/"},"modified":"2026-11-13T22:32:22","modified_gmt":"2026-11-13T22:32:22","slug":"dui-affect-permanent-residency-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/dui-affect-permanent-residency-canada\/","title":{"rendered":"Can a DUI affect permanent residency in Canada?"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 13, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 13, 2026: IRPA ss. 36 and 64 and Criminal Code s. 320.19 checked that day.<\/em><\/p>\n

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The rule:<\/strong> since December 18, 2018, impaired driving carries a 10-year maximum, so a conviction is “serious criminality” and a permanent resident can be reported for removal, even with only a fine.<\/p>\n

The good news:<\/strong> with a sentence under 6 months in jail, you keep the right to appeal on humanitarian grounds.<\/p>\n

The fix starts before you plead.<\/strong> We work alongside your criminal lawyer. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

\n

Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

Charged, not convicted: what it means<\/h2>\n

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.<\/p>\n

Offence before December 18, 2018?<\/h2>\n

Before that date, the maximum for impaired driving prosecuted by indictment was 5 years. In Tran v. Canada (Public Safety and Emergency Preparedness)<\/em>, 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.<\/p>\n

Why the sentence matters<\/h2>\n
\n\n\n\n\n\n\n\n\n
DUI outcome and what it means for a permanent resident<\/caption>\n
Outcome<\/th>\nImmigration effect<\/th>\n<\/tr>\n<\/thead>\n
Provincial roadside prohibition only, no Criminal Code conviction<\/td>\nNot a conviction: no inadmissibility<\/td>\n<\/tr>\n
Conviction, fine or probation<\/td>\nSerious criminality; report possible; IAD appeal available<\/td>\n<\/tr>\n
Conviction, conditional sentence<\/td>\nSerious criminality (10-year maximum); a conditional sentence is not a term of imprisonment (Tran<\/em>, 2017 SCC 50), so the 6-month appeal bar shouldn’t apply<\/td>\n<\/tr>\n
Conviction, jail of 6 months or more<\/td>\nSerious criminality; no IAD appeal (s. 64)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Already convicted: what happens next<\/h2>\n
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  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<\/a>.<\/li>\n
  2. If it goes ahead: the admissibility hearing<\/a>.<\/li>\n
  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<\/a>.<\/li>\n<\/ol>\n

    Can a record suspension fix it?<\/h2>\n

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

    Why this needs a lawyer<\/h2>\n

    One lawyer, one file, every step:<\/strong><\/p>\n