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how difficult is it to get a rehabilitaion for a felony so we can enter canada


laya1
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My husband has a felony from 17 years ago and nothing since and after paying for my cruise I just found out we can't get off in Canada or even stay on the boat wo permission. I'm so heartbroken...we were really looking forward to this trip.  We have till September but I've had lots of trouble finding answers and information. The cruise line...Princess and Orbits who I booked through have been useless!!!!   I would love to hear from people who have been through this process as to how hard it will be and also, how expensive.  Is there someplace else we might go? Thanks

Edited by laya1
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11 minutes ago, laya1 said:

My husband has a felony from 17 years ago and nothing since and after paying for my cruise I just found out we can't get off in Canada or even stay on the boat wo permission. I'm so heartbroken...we were really looking forward to this trip.  We have till September but I've had lots of trouble finding answers and information. The cruise line...Princess and Orbits who I booked through have been useless!!!!   I would love to hear from people who have been through this process as to how hard it will be and also, how expensive.  Is there someplace else we might go? Thanks

 

The decision to allow your hubby into Canada will be made by the Canadian Government. You should ask them. Call the nearest Consulate or search the GOC web sites via google. 

Edited by DirtyDawg
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Six months? Basically you're too late - I know that full pardons are taking over a year regardless of crime, and even a 'one shot' Temporary Resident Permit risks not being approved in time if applied for in advance (I've been discussing just this thing with someone else recently, and their specilist attorney told them that 10 months was insufficient for a TRP application), especially if it was a Serious Crime by Canadian standards (this now includes a DUI - any crime with a MAXIMUM sentence of 10 years + counts even if the actual sentence was much less). Length of processing time has been climbing for months now as DUIs just got bumped into the Serious Crime category late last year, making a ton of US citizens no longer eligible for travel to Canada.

 

If he meets the criteria for getting a record suspension (the current term for a pardon) then it's just a matter of time and payment - I haven't heard of anyone being refused if they have had a clean record for the required amount of time since, but my sample size is small so take that with a pinch of salt.

 

The only possible way for your husband to guarantee finding out whether he'll be allowed in is to actually try - TRPs can be processed at the border by CBSA. They generally don't offer it - if you're refused entry you have to ask (being told "You cannot come into Canada, but give me $200 and I will reconsider" would be taken as an invitation to bribery by most people!). So the only way I can see him finding out if this cruise is possible is to head for a Canadian Port of Entry (land, sea, air, doesn't matter) and attempt to enter Canada - if refused, ask for a TRP - and if it *is* granted, there's a good chance that it will be granted again for the cruise. This will cost a nonrefundable $200 a pop though, so it might be cheaper to just alter your cruise plans to elsewhere for now, have your hubby apply for rehabilitation and pay the fee just once, wait until it's granted and only THEN schedule any further cruising or other vacation in the Great White North.

 

All the relevant documentation can be found here - if you're not comfortable reading it that you understand it all, then a lawyer should definitely be your next point of contact. Best of luck.

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You need a Canadian Lawyer. A bit pricey for a TRP or a CCR, $1500 minimum. You could even be denied boarding the day of your flight to Canada. Cancel and go somewhere else. 

Felons who attempt to cross the international border between Canada and the United States of America may risk being denied entry due to criminal inadmissibility, even if their criminal conviction happened 20 or 30 years ago. Foreign nationals with felonies on their record may never be "deemed rehabilitated by the passage of time", and can be stopped at the border and sent home regardless of how long ago their crimes occurred. Admissibility to Canada is determined by the severity of the equivalent crime north of the border, and if the Canadian equivalency is punishable by a maximum imprisonment of ten years or more, the individual does not qualify for automatic Deemed Rehabilitation. Felons who are adequately prepared to go to Canada, however, may enter the country by way of a Temporary Resident Permit or Canadian Criminal Rehabilitation.

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First of all, don't blame the cruise line or your TA for any lack of assistance with this.  They have no input or responsibility whatsoever to be aware of, advise, or assist you with your situation.  Nor can they in any way intervene or override any decision regarding this by the Canadian government.  This involves Canadian laws, and your personal situation, and is 100% on you to resolve directly with them. 

 

As mentioned, you need to contact the Canadian officials and likely seek assistance from an attorney authorized and versed in dealing with Canadian law to assist you with this.  Unfortunately, felonies - no matter how old - are taken very seriously by the Canadian government.  It's their rules and that is just a reality you will need to recognize and deal with.

 

I really don't mean this to sound harsh and only want to try to focus you on a path to resolve this.  I hope it works out for you.

Edited by leaveitallbehind
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9 hours ago, laya1 said:

...Princess and Orbits who I booked through have been useless!!!!

By stepping on the ship, you agree to the cruise contract. 

It is the Passenger's sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Passengers are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. You will be refused boarding or disembarked without liability for refund, payment, compensation, or credit of any kind if You do not have proper documentation, and You will be subject to any fine or other costs incurred by Carrier which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your stateroom account and/or credit card.

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16 hours ago, laya1 said:

My husband has a felony from 17 years ago and nothing since and after paying for my cruise I just found out we can't get off in Canada or even stay on the boat wo permission. I'm so heartbroken...we were really looking forward to this trip.  We have till September but I've had lots of trouble finding answers and information. The cruise line...Princess and Orbits who I booked through have been useless!!!!   I would love to hear from people who have been through this process as to how hard it will be and also, how expensive.  Is there someplace else we might go? Thanks

 

It's not up to the cruise line or travel agent to help ex-cons enter foreign countries.  Were you unaware of his felony conviction or like many Americans forget Canada is a sovereign, independent nation and not the 51st state? 

 

Whether he is permitted entry to Canada depends on several factors including the nature of his crime. Certain drugs offenses may not bar entry because what is a felony in America might in Canada be considered a summary offense (our version of a misdemeanor.) 

 

At this stage getting a TRP is very unlikely.  My advice would be to start the process if you still want to visit Canada in the future but forget about this trip. Instead throw yourself on the mercy of the cruise line and ask if its possible you can be rebooked on a domestic itinerary. 

Edited by K32682
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9 minutes ago, K32682 said:

 

....My advice would be to start the process if you still want to visit Canada in the future but forget about this trip. Instead throw yourself on the mercy of the cruise line and ask if its possible you can be rebooked on a domestic itinerary. 

The OP indicates that they have until September, so unless I'm missing something here they are still prior to final payment.  That being the case, the only money they should have at risk at this point would be their deposit - and that would be at risk only if it was a non-refundable deposit.  And in that case, typically the deposit - less a change fee - can be held to be applied to another itinerary.

 

So by all means the OP should consider cancelling this itinerary and only rebooking a Canadian itinerary if and when their situation is favorably resolved.

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We found out through someone at work in similar situation( having a felony) said he didn't think we could go.  

 

I ALREADY paid for the cruise in full!!   but I also got insurance so I should get all but insurance premium and taxes back I'm guessing. I finally have phone number for Canadian consulate in US I'm hoping I can get a straight answer from them on Monday. I also inquired to a lawyer specializing in this and hope to hear from him Monday as well....

 

from what I understand that a cruise to Italy and Greece would be no problem.....lol go figure!!

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Yes, Canada can forbid convicted felons from entering their country. And a note, a DUI, which in the US is a misdemeanor  in Canada is a felony, so also the same issue. A lot of people get caught by surprise on that one.

 

Assuming Canada is a port stop, and not embarkation or debarkation, here is what is likely to happen. You will likely board the ship with no issue as at that point the manifest hasn't been transmitted to Canada. Once you get to the Canadian port, you might have to see immigration officials, who will most likely tell you not to get off the ship. Worst case is you will be denied boarding when you get to the port if the manifest has already passed through the Canadian system. At that point, all is lost, since most insurance won't cover this reason.

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48 minutes ago, laya1 said:

We found out through someone at work in similar situation( having a felony) said he didn't think we could go.  

 

I ALREADY paid for the cruise in full!!   but I also got insurance so I should get all but insurance premium and taxes back I'm guessing. I finally have phone number for Canadian consulate in US I'm hoping I can get a straight answer from them on Monday. I also inquired to a lawyer specializing in this and hope to hear from him Monday as well....

 

from what I understand that a cruise to Italy and Greece would be no problem.....lol go figure!!

It doesn't matter if you already paid in full as long as if you have not yet reached or passed the actual final payment due date as specified by the cruise line for your itinerary.  With most cruise lines that is typically 90 days prior to the sailing date.

 

I would strongly suggest that you contact the cruise line or your travel agent to confirm the actual final payment because - regardless of how much you have already paid - if it is prior to the final payment due date you will receive a full refund, minus any non-refundable deposit amounts.  (Unless there were some special payment conditions applied to your booking).

 

And unless you have certainty surrounding Canada's permission to enter their country, I would not risk any money on this cruise - regardless of insurance.  I would also confirm with the insurance carrier that they would not deny a claim based on this felony record.  Ditto checking with certainty into any other country's laws regarding entrance with a prior felony.

 

Not worth the risk IMO.

Edited by leaveitallbehind
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image.png.cfecd0a4c6a6081fef2c81ca93718c6c.png  I wouldn't care if we were told to stay aboard, planned to do that anyway, its the boarding I worry about. I'm going to cancel on Monday 😭 I was really looking forward to the cruise experience.  Its sad cause my husbands case was overturned by the supreme court yet it still comes up...so much for second chances.  Guess well have to fly to Alaska and do it that way. 

 

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2 hours ago, laya1 said:

We found out through someone at work in similar situation( having a felony) said he didn't think we could go.  

 

I ALREADY paid for the cruise in full!!   but I also got insurance so I should get all but insurance premium and taxes back I'm guessing. I finally have phone number for Canadian consulate in US I'm hoping I can get a straight answer from them on Monday. I also inquired to a lawyer specializing in this and hope to hear from him Monday as well....

 

from what I understand that a cruise to Italy and Greece would be no problem.....lol go figure!!

 

I seriously doubt insurance would cover any of this.  It is YOUR responsibility to know the requirements, and insurance doesn't cover 'didn't do my homework'.  You should cancel and get your money back, if possible.  And then do your homework before plunging in again.  Hang around here for a few months and learn, because none of this works the way you think it does.

Also lose the attitude.  You have blasted your TA and the cruise line, although neither of them bear a scintilla of blame for your predicament and now you are throwing a little shade on the Canadian consulate and mocking their entrance requirements.  This is a problem entirely of your own making and blaming everyone around you doesn't change that.  Nor does it help your situation.

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I don't feel I've blasted the cruise line or Canada at all just wish it was a bit clearer … there's a lot of false info out there which makes it confusing and hard to figure out where to go for help.  I would think the travel agent would be a bit more knowledgeable considering they deal with this regularly...should have at least known who to call.

 

but I'm done...off and thanks to all who posted

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11 minutes ago, laya1 said:

I don't feel I've blasted the cruise line or Canada at all just wish it was a bit clearer … there's a lot of false info out there which makes it confusing and hard to figure out where to go for help.  I would think the travel agent would be a bit more knowledgeable considering they deal with this regularly...should have at least known who to call.

 

but I'm done...off and thanks to all who posted

Well actually you did express frustration with the cruise line and your TA regarding this.  I was the one who specifically responded to you regarding that.

 

And you are incorrect with your view on this regarding your TA.  It is not a TA's responsibility to involve themselves in your legal affairs. A travel agent does not deal with your type of situation regularly, or likely at all.   They don't ask - nor should they - when you book your cruise if you or anyone in your traveling party has ever committed a felony.  Nor are they - or should they be - versed in different country's entrance requirements.  Did you volunteer this information for them to even check?  No.  So being frustrated with them after the fact is unfair and meaningless in terms of helping your situation.

 

I'm sorry, but this situation is entirely your issue to deal with and resolve - and the respondents on this thread have provided good advice for you to follow.  I sincerely hope that you are able to resolve this favorably, but there is nobody other than your husband and you who responsible for what happened and for it's resolution.  

 

Good luck.

Edited by leaveitallbehind
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2 hours ago, laya1 said:

I don't feel I've blasted the cruise line or Canada at all just wish it was a bit clearer … there's a lot of false info out there which makes it confusing and hard to figure out where to go for help.  I would think the travel agent would be a bit more knowledgeable considering they deal with this regularly...should have at least known who to call.

 

but I'm done...off and thanks to all who posted

You said you used an online TA of course they aren't going to know who to call.  It's like going to Walmart and expecting the person in electronics to know the ins and out of the TV's they have

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7 hours ago, laya1 said:

image.png.cfecd0a4c6a6081fef2c81ca93718c6c.png  I wouldn't care if we were told to stay aboard, planned to do that anyway, its the boarding I worry about. I'm going to cancel on Monday 😭 I was really looking forward to the cruise experience.  Its sad cause my husbands case was overturned by the supreme court yet it still comes up...so much for second chances.  Guess well have to fly to Alaska and do it that way. 

 

 

If his case was overturned on appeal then the conviction goes away, all that should appear is the arrest. Take a certified copy of the appellate decision with you.

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8 hours ago, 1025cruise said:

Yes, Canada can forbid convicted felons from entering their country. And a note, a DUI, which in the US is a misdemeanor  in Canada is a felony, so also the same issue. A lot of people get caught by surprise on that one.

 

Assuming Canada is a port stop, and not embarkation or debarkation, here is what is likely to happen. You will likely board the ship with no issue as at that point the manifest hasn't been transmitted to Canada. Once you get to the Canadian port, you might have to see immigration officials, who will most likely tell you not to get off the ship. Worst case is you will be denied boarding when you get to the port if the manifest has already passed through the Canadian system. At that point, all is lost, since most insurance won't cover this reason.

Actually not the worst. I have a friend who went through this in 2015, LAX to Vancouver and then board the ship at Canada Place. He was denied boarding the Air Canada plane at LAX.  Getting on or off the ship in Canada has no bearing on entry to Canada. The ship is docked in Canadian waters.

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