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rlm304

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I have been hearning about poeple with a minor criminal record (DWI) being refused entry to Canada while attempting to go on a cruise starting in Vancouver. Does anyone have the current rules for this or have had a problem in the past Thanks.:confused:

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I have been hearning about poeple with a minor criminal record (DWI) being refused entry to Canada while attempting to go on a cruise starting in Vancouver. Does anyone have the current rules for this or have had a problem in the past Thanks.:confused:

 

If you have a DWI or simular offense in the past 5 years and attempt to go into Canada you stand a good chance of being refused entry if they do any background check. My understanding is that you can apply ahead of time to be allowed in but it costs money but if the offense is in the past 5 years chances are you will not be allowed in. But you might get lucky and when you go thru the border they might not ask for anything.......

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If you have a criminal record you are not allowed into Canada. In Canada DWI (impaired driving) is a criminal offense.

Likewise, Canadian are not allowed in the US if they have a criminal record. Its nothing new, just the way its always been.

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I have been hearning about poeple with a minor criminal record (DWI) being refused entry to Canada while attempting to go on a cruise starting in Vancouver. Does anyone have the current rules for this or have had a problem in the past Thanks.:confused:

I have to pipe in here: DWI, not a minor offense. Wouldn't blame them for not letting 'em in. :(

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We call them DUI (Driving Under the Influence) and if you have 5 years since the DUI without committing another crime, you are deemed rehabilitated and do not need to worry. If it's under 5, you need to apply to come in.

 

DUI is taken more seriously here and nobody would call it a minor offence, including the border patrol.

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We call them DUI (Driving Under the Influence) and if you have 5 years since the DUI without committing another crime, you are deemed rehabilitated and do not need to worry. If it's under 5, you need to apply to come in.

 

DUI is taken more seriously here and nobody would call it a minor offence, including the border patrol.

 

Inadmissibility

 

Some people are inadmissible—they are not allowed to come to Canada. Several things can make you inadmissible, including involvement in criminal activity, in human rights violations or in organized crime. You can also be inadmissible for security, health or financial reasons.

Criminal inadmissibility

 

If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.

Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code.

If you were convicted of a crime when you were under the age of 18, you can probably still enter Canada. See the Related Links at the bottom of this page for more information about admissibility.

 

 

 

 

Visiting Canada: Overcoming criminal inadmissibility

 

This information is intended for general guidance and reference only. A legal decision on your inadmissibility can only be made at the time you seek entry into Canada either through an application or at a port of entry.

Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if

 

Deemed rehabilitation

 

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.

Individual rehabilitation

 

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity.

If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for “deemed rehabilitation,” you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area and pay a processing fee.

Please note: Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

Pardon or discharge

 

If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website. If you received a Canadian pardon for your conviction, you may be allowed to enter Canada.

If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.

Temporary resident permit

 

If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada.

Note: Temporary resident permits are only issued in exceptional circumstances, if there are reasons of national interest or strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.

Temporary resident visa or

Permanent resident visa

 

If you are applying for a temporary resident visa or a permanent resident visa, you will have to provide details of your criminal history in your visa application. In cases where you have been declared criminally inadmissible, you may apply for rehabilitation if the required five years have elapsed since your conviction.

Read the Frequently Asked Questions for more information on criminal inadmissibility.

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We call them DUI (Driving Under the Influence) and if you have 5 years since the DUI without committing another crime, you are deemed rehabilitated and do not need to worry. If it's under 5, you need to apply to come in.

 

My understanding is that you still have to apply to have it striken so you can then come and go as you please if it is granted.

I do not think it is an automatic thing. I could be wrong though.

Edit: Ok, after reading the above post that was posted at the same time as mine, it appears that after five years it may be up to the discretion of the immigration officer. In other words it might depend on the kind of day he/she is having. ;) I still don't like those odds.

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We call them DUI (Driving Under the Influence) and if you have 5 years since the DUI without committing another crime, you are deemed rehabilitated and do not need to worry. If it's under 5, you need to apply to come in.

 

DUI is taken more seriously here and nobody would call it a minor offence, including the border patrol.

We do refer to this offense as either DUI or DWI, and really, in the US, the courts and public take it much more seriously these days. More awareness, more education, I suspect. I'm not judgemental, but man, it's a big NO-NO.

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If you have a criminal record you are not allowed into Canada. In Canada DWI (impaired driving) is a criminal offense.

Likewise, Canadian are not allowed in the US if they have a criminal record. Its nothing new, just the way its always been.

 

I was under the understanding that this didn't take effect until the last 1-2 years.

 

But I'm no expert...I may be wrong. :eek:

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I was under the understanding that this didn't take effect until the last 1-2 years.

 

But I'm no expert...I may be wrong. :eek:

 

I know for sure that a Canadian could not enter the US with a criminal record, and that is dating back to at least the 1970's. I just assumed it was reciprocal.

I DO remember Keith Richards almost not getting in to do a concert here in the 80's because of a criminal record. He DID get in, but then money (and good lawyers) talk loud. ;)

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I DO remember Keith Richards almost not getting in to do a concert here in the 80's because of a criminal record. He DID get in, but then money (and good lawyers) talk loud. ;)

 

Sometimes, but Martha Stewart was refused admission a few years ago when she was invited to a PR event.

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I know for sure that a Canadian could not enter the US with a criminal record, and that is dating back to at least the 1970's. I just assumed it was reciprocal.

I DO remember Keith Richards almost not getting in to do a concert here in the 80's because of a criminal record. He DID get in, but then money (and good lawyers) talk loud. ;)

 

Ok....I guess I was wrong. :D

 

My experience with Canada only goes back to last year. I know nothing. LOL

 

My son moved there for a brief time, and my other son couldn't visit him because of his past problem. I just thought it was new. Although, with my baby moving to another country, my mind wasn't where it should have been. I only wanted him to move back. And he did, thankfully.

 

Thanks for clearing that up for me.

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I don't think that it's an absolute either - it is up to the disgression of the customs folks. It says in all the rules "MAY" be denied. It's not really fair to say if you have a criminal record you WONT be allowed into either the US or Canada - I know people that have gotten across the boarder with a record - it does have to be declared though. Even an arrest (not even a conviction) is enough for them to flag you - so it's really an individual thing.

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I don't think that it's an absolute either - it is up to the disgression of the customs folks. It says in all the rules "MAY" be denied. It's not really fair to say if you have a criminal record you WONT be allowed into either the US or Canada - I know people that have gotten across the boarder with a record - it does have to be declared though. Even an arrest (not even a conviction) is enough for them to flag you - so it's really an individual thing.

 

I agree. I think the biggest mistake would be not telling the full truth.

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Is this true? How would they know - do they run a background check on everyone or it is tied to your passport? I am concerned because I have booked a large family cruise in July 2009 and know that my brother in law had a DUI about 3 or 4 years ago - I can;t have this block him from getting onboard. This is a surprise 50th Wedding Anniversary cruise where we are surprising my inlaws with everyone sitting at the dinner table the first night - my inlaws have no idea we are all going. Is there anyway to get around this? If he signs up for Cruise Direct does he bypass customs - since he is held on a cruise shuttle bus - not even stopping to pickup luggage? Help anyone................. How does it work if we move to a cruiseship that goes south from Seward to Vancouver - do they stop him from getting off of the ship?

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I'd call Canada Customs and ask but they do have to check everyone there is no way to "bypass" customs it's kinda mandatory. It is up to the discression of the agents at the borders. They will know even if anyone in your party has been arrested so I wouldn't try hiding it. Best is to call and ask and then disclose it if asked at the border.

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I'd call Canada Customs and ask but they do have to check everyone there is no way to "bypass" customs it's kinda mandatory. It is up to the discression of the agents at the borders. They will know even if anyone in your party has been arrested so I wouldn't try hiding it. Best is to call and ask and then disclose it if asked at the border.

 

I agree; now that we're all carrying passports at the border, it's instantly onscreen when they swipe them.

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If you have a criminal record you are not allowed into Canada. In Canada DWI (impaired driving) is a criminal offense.

Likewise, Canadian are not allowed in the US if they have a criminal record. Its nothing new, just the way its always been.

Based on my experience, pre-9/11 the typical process for a US citizen getting into Canada consisted of declaring yourself to be a US citizen, showing them your driver's license, telling them where you were going and how long you were staying.
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