Britney Spears could be denied entry to Canada

Pop singer Britney Spears may not be allowed to enter Canada.

Spears could be criminally inadmissible, following her arrest for driving under the influence (DUI) in California on March 4, 2026.

Anyone with a DUI—excepting Canadian citizens—could be denied entry to Canada, even if the incident took place decades ago, even if they were never charged or convicted, and even if the DUI was a misdemeanor in the jurisdiction in which it was committed.

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That’s because foreign nationals are not allowed into Canada if their history involves “criminality” or “serious criminality” as defined by Canadian immigration legislation, and Canadian officials judge the seriousness of the crime(s) based on the equivalent offence(s) in Canadian criminal law at the time each offence was committed.

A single DUI committed prior to December 18, 2018 would be considered “criminality;” if committed on or after December 18, 2018, it would count as “serious criminality.”

Foreign nationals with records, including those with DUIs, may have several options for overcoming criminal inadmissibility if they wish to enter Canada, including

• Applying for a temporary resident permit (TRP);
• Seeking entry as deemed rehabilitated; or
• Applying for criminal rehabilitation.

The individual’s situation will dictate which option(s) are available and which may be the most appealing to pursue.

In all cases, the first step will be to determine whether the individual’s record counts as criminality or as serious criminality, by comparing each offence to the equivalent criminal offence(s) under Canadian legislation at the time each offence was committed, and cross-referencing the equivalent Canadian offence(s) with the appropriate sections of Canada’s Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulations.

Cases of criminality

In cases of criminality, foreign nationals may seek entry to Canada as deemed rehabilitated, if they meet the necessary requirements.

To be considered deemed rehabilitated, a minimum amount of time must have passed: at least 10 years since the commission of the offence, or, for those who have been convicted, at least five years or 10 years since the completion of their sentence(s), depending on the seriousness of the offence(s), in addition to meeting other requirements.

There is no specific online or paper package for deemed rehabilitation.

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For those who meet the requirements, deemed rehabilitation applies automatically.

When a foreign national with a criminal history seeks entry to Canada, officials will make a determination on whether the foreign national counts as deemed rehabilitated.

Foreign nationals seeking entry as deemed rehabilitated may benefit from presenting boarder officials with a legal opinion letter, prepared in advance by an experienced immigration lawyer.

Such a letter would describe how the foreign national’s offences relate to the equivalent Canadian offences, and outline how the individual meets the requirements for deemed rehabilitated.

If officials make the determination that a foreign national qualifies for entry as deemed rehabilitated, they may grant that person entry, provided the foreign national meets all Canada’s other entry requirements.

Cases of serious criminality

Deemed rehabilitation cannot apply to cases of serious criminality.

Foreign nationals with records involving serious criminality—which includes those with DUIs committed on or after December 18, 2018—have two options: apply for a temporary resident permit (TRP), or apply for criminal rehabilitation.

Both a TRP and criminal rehabilitation can also be used in cases of criminality, such as when the foreign national does not meet the requirements for deemed rehabilitation.

Applying for a TRP

To seek entry to Canada in spite of criminal inadmissibility, a foreign national can apply for a temporary resident permit (TRP).

If the application is successful and the foreign national is granted the TRP, they may be allowed to enter Canada in spite of their criminal record, for the temporary period allowed for by the TRP.

To obtain a TRP, a foreign national must satisfy officials that their need to enter Canada outweighs any risk they may pose to Canadian society.

A legal opinion letter can help to present a strong case for a TRP.

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US citizens have the option of submitting an application for a TRP in advance, or applying for a TRP at a port of entry.

Most professionals advise applying in advance.

As of the time of writing, foreign nationals applying for TRPs in advance can expect processing times of three to six months.

Obtaining a TRP does not guarantee entry to Canada.

The decision of whether to grant entry to a foreign national, including a foreign national holding a valid TRP, is always at the discretion of border officials.

Applying for criminal rehabilitation

While a TRP can allow for temporary entry while it is valid, criminal rehabilitation provides a lasting solution to criminal inadmissibility.

If a foreign national is granted criminal rehabilitation, they will no longer be considered criminally inadmissible on account of any of the offence(s) for which they’ve been granted rehabilitation.

For a foreign national to be eligible to apply for criminal rehabilitation, at least five years must have passed since the commission of the offence(s) or the completion of their sentence(s).

The foreign national must also show that they are unlikely to re-offend.

Criminal rehabilitation must be applied for in advance; it cannot be applied for at a port of entry.

If a foreign national’s application for criminal rehabilitation is successful, the foreign national will no longer be considered inadmissible for any of the offence(s) for which they have been granted individual rehabilitation.

As with a TRP, having succeeded in an application for criminal rehabilitation does not guarantee a foreign national entry into Canada.

They must still meet all other entry requirements, and entry is always granted at the discretion of border officials.

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