DUI / Assault / Fraud – Inadmissibility Advice

DUI, assault, and fraud offences are among the most frequent triggers of criminal inadmissibility under Canada’s immigration system. Each category carries distinct legal implications for temporary residents, permanent residents, and foreign nationals seeking to enter or immigrate to Canada. Since the 2018 amendments to the Criminal Code, impaired driving (DUI) is now punishable by up to 10 years, elevating many DUI cases to the level of serious criminality under IRPA s.36(1). Assault offences raise concerns about public safety and violence, while fraud offences—especially those involving dishonesty or financial loss—raise questions of both criminality and credibility. Let's have comprehensive, lawyer-level inadmissibility guidance for DUI, assault, and fraud cases, including equivalency assessments, risk analysis, rehabilitation options, TRPs, record suspensions, and Federal Court strategies.

These offences impact visa applications, border entry, PR applications, citizenship eligibility, and sponsorship rights. Because IRCC and CBSA officers must apply Canadian criminal law equivalency standards to foreign convictions—and because many foreign laws differ significantly from Canada’s—errors in equivalency analysis are extremely common. Proper legal advice ensures that individuals are not wrongfully deemed inadmissible and that any inadmissibility that does exist is addressed strategically and effectively.

Part I — DUI (Driving Under the Influence)

DUI is one of the most impactful offences for Canadian immigration purposes. Since 2018, Canada treats impaired driving as a serious criminal offence due to the maximum penalty of 10 years.

Why DUI Creates Severe Immigration Consequences

Post-2018, DUI is classified as serious criminality, meaning:

• foreign nationals with a DUI are inadmissible without a TRP or rehabilitation,
• permanent residents may face removal proceedings,
• IAD appeal rights may be lost,
• Express Entry profiles may become ineligible,
• citizenship applications may be delayed or refused.

Types of DUI Offences

• Impaired driving (alcohol or drugs),
• Over .08 BAC,
• Refusal to provide breath sample,
• Care or control of a vehicle while impaired,
• DUI with injury or property damage.

All of these have immigration implications depending on foreign equivalency.

Typical Immigration Solutions for DUI

• Temporary Resident Permit (TRP) for urgent travel,
• Individual Rehabilitation after 5 years,
• Legal Opinion Letter for visa applications,
• Record Suspension (if offence occurred in Canada),
• Equivalency challenges if foreign law is broader than Canadian provisions.

Part II — Assault Offences

Assault is a broad category under the Criminal Code, ranging from simple assault to aggravated assault. Immigration officers conduct detailed assessments because assault raises public-safety concerns.

Types of Assault Offences

• Simple assault (s.266),
• Assault with a weapon (s.267),
• Assault causing bodily harm (s.267(b)),
• Aggravated assault (s.268),
• Domestic violence-related offences.

Foreign assault convictions often trigger equivalency review because many jurisdictions have broader or differently structured assault laws.

Common Issues in Assault Inadmissibility Cases

• Foreign laws lacking intent requirements,
• Convictions based on mutual combat or “provocation,”
• Situations involving self-defence,
• Police reports containing untested allegations,
• Sentencing anomalies that may distort equivalency.

Tools for Addressing Assault Inadmissibility

• Equivalency challenges to establish non-inadmissibility,
• Rehabilitation eligibility assessment,
• TRP applications for urgent entry,
• Psychological and anger-management reports demonstrating reform,
• Domestic violence mitigation evidence and risk assessment,
• Record Suspension (for Canadian convictions).

Domestic assault cases require nuanced handling because officers assess recency, risk, and relationship dynamics.

Part III — Fraud and Financial Offences

Fraud-related convictions are treated seriously because they involve dishonesty, a factor linked to credibility and risk. Immigration decisions often hinge on whether the offence involved:

• deception,
• misuse of funds,
• willingness to violate trust,
• organizational or professional misconduct.

Types of Fraud of Immigration Concern

• Credit card fraud,
• Insurance fraud,
• Tax evasion,
• Forgery or uttering forged documents,
• Identity fraud,
• Theft by conversion,
• Corporate or professional embezzlement.

Foreign fraud convictions often pose complex equivalency challenges.

Key Considerations in Fraud Inadmissibility

• Financial loss amount,
• Pattern of behaviour vs. isolated incident,
• Restitution and repayment records,
• Impact on victims,
• Evidence of remorse and reform.

Solutions for Fraud Inadmissibility

• Rehabilitation applications (long-term solution),
• TRPs for temporary entry where appropriate,
• Legal opinion letters addressing equivalency,
• Record suspensions for Canadian convictions,
• Documented restitution payments (highly persuasive),
• Financial stability evidence to demonstrate low reoffending risk.

Cross-Cutting Legal Strategies

1. Equivalency Analysis

Many foreign DUI, assault, and fraud statutes are significantly broader than Canadian criminal law. Strong legal opinions often demonstrate that the foreign offence does not equate to a Canadian indictable or hybrid offence, eliminating inadmissibility entirely.

2. Rehabilitation (Individual or Deemed)

The long-term solution for most inadmissibility cases. Applications must:

• show passage of time since sentence completion,
• demonstrate remorse and behavioural reform,
• include reference letters and psychological reports (if relevant).

3. Temporary Resident Permit (TRP)

For urgent travel or business needs, TRPs allow temporary entry despite inadmissibility. TRPs require a favourable risk-benefit analysis.

4. Record Suspensions

If the offence occurred in Canada, a record suspension may permanently resolve inadmissibility.

5. Personal Statements and Evidence of Reform

• employment history,
• volunteer contributions,
• family responsibilities,
• anger-management or alcohol-abuse counselling completion.

IRCC and CBSA place significant weight on credible personal transformation.

When Federal Court Litigation Is Necessary

Cases should be litigated when:

• equivalency is improperly applied,
• officers rely on inaccurate or irrelevant evidence,
• TRP refusals ignore compelling humanitarian factors,
• rehabilitation refusals lack justification,
• procedural fairness is violated.

Federal Court review often results in a reassessment under proper legal standards.

The Importance of Skilled Legal Counsel

DUI, assault, and fraud inadmissibility cases require advanced understanding of:

• Canadian criminal law,
• foreign criminal statutes,
• IRPA s.36 requirements,
• rehabilitation and TRP mechanisms,
• strategic mitigation evidence.

With skilled representation, many clients overcome serious immigration barriers, obtain TRPs or rehabilitation, and successfully resume travel or pursue Canadian permanent residence.