Many people intending to travel to Canada are often surprised to realize that they are inadmissible to entering the country due to a past conviction. Whether you are going to Canada to work, as a tourist or to study, heightened security at the Canadian borders imply that a previous conviction can prevent you from entering Canada. Citizens of any country, and this includes even the US, may find themselves in problems for seemingly minor criminal convictions, and the most common of these is DUI or driving under influence conviction. There have been increased border checks in recent years following the joint-data sharing programs between the two North American countries. Below, DUI Canada Entry have pulled together an overview of entering Canada with a recent conviction.
Can You Enter Canada with a DUI?
Sadly, it is not easy to enter Canada with a past DUI conviction even if you have a valid passport. If you happen to have been arrested or even convicted of a DUI offence, irrespective of whether it was a felony or misdemeanor offence, you could be found criminally inadmissible to entering Canada and subsequently be denied entry. It does not matter whether you have an intention of driving while within the country or not. You can still be turned away from the Canadian borders by the Canadian Border services Agency CBSA.
Entering Canada With A Drunk Driving Conviction
Although getting past the Canadian borders with a DUI conviction is hard, it is not entirely impossible. By applying for permission to enter Canada, you could be given an OK to enter the country. But this process of applying for permission to enter Canada is a very complex legal process which can very easily overwhelm you if you do not enlist the help of a professional. In this section, we tell you the ways in which DUI inadmissibility to Canada can be overcome.
Temporary Resident Permit – TRP
As the name suggests, TRP is a temporary solution to your inadmissibility problems. TRP is simply a document that lets you visit Canada temporarily for a specific period of time if you are inadmissible to Canada. You should only apply for a TRP if you have good reasons of doing so. This is because it is not meant for use if you just want to enter Canada for the purposes of leisure. The decision to issue a temporary resident permit lies with the Canadian immigration officers that assess the application. A TRP is especially helpful to people who are not yet qualified for Criminal Rehabilitation.
Under the immigration laws of Canada, a TRP can be valid for a maximum of three years, according to the merits of application. The TRP application process is often subjective and you should talk to a Canadian immigration lawyer first before you apply. The department of Citizenship and Immigration of Canada strongly advises individuals to have their TRP applications mailed to a chosen Canadian embassy official for processing. But in some cases, you may seek Temporary Resident Permit issuance from Canadian immigration officials at the entry point to Canada (border crossing, seaport or airport).
Another option that you may choose to address your inadmissibility problem to Canada is Criminal Rehabilitation. This refers to an application process in which a person gaining entry into Canada petitions the Canadian immigration authorities to pardon their past DUI convictions. However, in order to qualify to apply for a criminal rehabilitation, at least 5 years must have elapsed since you completed your sentence. The sentence includes fines, community service, driving courses, probations as well as other conditions that you may have been imposed.
By successfully completing Streamlined Rehabilitation process, an individual has a chance of starting afresh and can then freely enter Canada again. Unlike TRP which works only for a specified period of time, you do not need to ever renew a rehabilitation document. Whether you are traveling for pleasure or business, the convenience and the peace of mind of being able to enter Canada without having to worry about being turned away at the border makes Criminal Rehabilitation solution especially appealing to ineligible individuals.
An individual may be considered rehabilitated under the Canadian immigration laws if they have single DUI convictions and that sufficient time has elapsed since they finished their full sentences which include probation, jail time, and payment of fines and reinstatement of licenses.
If more than 10 years has passed since you completed your sentence, and you do not have any other criminal record, your prior DUI conviction will be disregarded and you will be allowed to enter the country. However, in case you have other convictions or you have 2 or more DUI violations, you cannot be deemed rehabilitated. Subsequently, you will be denied entry to Canada without a TRP or Criminal Rehabilitation.
Who it affects
• Delivery Drivers
• Traveling salesmen
• Business travelers
• Those visiting Alaska
• Fishing Day Trippers
• Pop stars as well as any other tourist oblivious of the strict DUI entry policies of Canada.
Advice for Applicants
If you are traveling to Canada, you need to know that the country does not take its security affairs lightly. It is not unusual for a person traveling to the country, even just a day tourist, to encounter trouble for a DUI conviction that they cannot even remember.
While having a past DUI conviction can create problems for you, you can still enter Canada with a DUI. This is a challenge that can be overcome. If you suspect that your history could render you inadmissible to Canada, the first thing that you need to do is to consult a legal professional.
You need to literally go over your history with a fine-tooth comb if you want to go to Canada. If you find something that you are not sure about, find out from a Canadian immigration lawyer if it can cause entry problems for you. With the help of an experienced lawyer, you can still be able to enter Canada with a DUI.
Already Denied Entry Into Canada?
In case you have been already denied entry into Canada, you should not attempt to come back until you are legally able to. In these circumstances, it is advisable to consult widely with top Canadian immigration lawyers to determine the best ways of entering Canada successfully. In case you try entering through another Port of Entry, you are almost certain to be denied and you risk even being given an outright ban.
Contact us at http://www.duicanadaentry.com for more information and further legal advice.