Cruise News - Travelling to Canada with a DUI

November 10, 2012

Traveling to Canada with a DUI
by Marisa Feil (FW Canada)

This interesting and useful article is submitted by Marisa Feil of FWCanada - a Canadian Immigration Law Firm which specializes in services such as Temporary Residence Program, Criminal Rehabilitation, Study/Work Permits and Federal Skilled Worker.
We are often asked the question, is it possible to enter Canada with a DUI? Canada could potentially classify a person as criminally inadmissible as a result of having a DUI conviction on their record.

What does this mean and how does it impact any future travel plans to Canada?

Canadian immigration law does not distinguish between misdemeanor and felony offences; even a misdemeanour conviction could prevent someone from entering Canada. Canadian immigration law is only interested with the equivalence of an offence under the Canadian Criminal Code. If the offence is equivalent to a Federal offence in Canada that is severe enough, a person could be denied entry to Canada.

“Many people are not aware of the implications of a DUI conviction upon entering Canada” said Marisa Feil, supervising attorney at FWCanada an immigration law firm. “A DUI conviction can restrain someone from coming to Canada even after eight years passed the conviction date”.

Cruises that either start, end or stop in Canada may have travellers scheduled to be on board without knowing they are inadmissible to Canada Travel agents, travel websites and cruise lines typically do not inform their clients of the possibility of denied access.

The next logical question is what to do if you have booked a cruise and have a DUI or other offence on your record? There are a couple of ways in which one could enter Canada despite being inadmissible: Criminal Rehabilitation and Temporary Residence Program (TRP).

Criminal Rehabilitation: Criminal Rehabilitation is a process in which a person who is deemed inadmissible to Canada requests from the Canadian Government that their inadmissibility be abolished on a permanent basis. If approved by the Canadian government, the past conviction will no longer serve as a limitation to enter Canada and an individual would be able to enter Canada freely. A person only becomes eligible for this process once 5 years has passed since the completion of their sentence. If more than ten years have passed since the completion of the sentence, the individual would be deemed rehabilitated simply by the passage of time, if they only have one conviction on their record.

Temporary Resident Permit (TRP): A TRP is a temporary permit, which allows a person to enter Canada despite being deemed inadmissible. This allows access to Canada on a one time basis. One must actively request an approval for a TRP. The border officials will evaluate the request and approve the request based on the reasons of entering Canada. There are no official processing times, however, the typical waiting time ranges from 4-6 months.
So before travelling to Canada to take advantage of the many sightseeing destinations, it is advisable to examine previous record and ensure that nothing is preventing entrance into Canada.

About FWCanada
FWCanada is a Canadian Immigration Law Firm which specializes in services such as Temporary Residence Program, Criminal Rehabilitation, Study/Work Permits and Federal Skilled Worker. FWCanada provides close analysis of each case. Contact FWCanada for further information.

Contact Details:
Marisa Feil at 1-855-316-3555

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