Planning on going on an Alaskan cruise with a stop in British Columbia? A past DUI or criminal record could affect your entry into Canada and might cost you your long awaited vacation. This guide will help you to understand your inadmissibility and be legally prepared for any unexpected surprises at the border.
FREE ASSESSMENTIn this relaxing vacation, the last thing you want is to have issues at the border to deal with – especially if it all could have been avoided. See, if your Alaskan cruise plans to have a pit stop in Canada, even just for a couple hours, an old Driving Under the Influence (DUI) or another past charge on your criminal record could result in you being denied entry into Canada and turned away.
Does this mean you have to stay on the cruise ship, watching sadly from the windows instead of enjoying the beautiful wonders of British Columbia? No, it means you could be removed from Canada and sent back to the United States, ending your trip there entirely or turned away from boarding the cruise at all. Being well-informed about your admissibility can save your vacation from being ruined and allow you to enjoy it with peace of mind.
Being criminally inadmissible means that you are not permitted to enter Canada as a foreign national or a permanent resident on the grounds of criminality due to a past or an ongoing criminal charge. If you have a criminal conviction from outside of Canada that has an equivalent in Canadian law, you are most likely criminally inadmissible.
Some common driving offenses listed below may affect your admissibility to Canada and could deem you criminally inadmissible:
Canada considers driving offences to be serious criminality. It is categorized as a hybrid offence in Canada, which is always considered to be an indictable offence in regards to criminal inadmissibility. However, due to Canada’s changing laws, the date in which you were convicted and completed your sentence is a key factor in determining admissibility.
If the only offence on your record is a DUI charge, the exact date that you were convicted and the date that you finished your most recent sentence are crucial in determining your inadmissibility to Canada. The laws regarding DUI offenses were changed and became more strict on December 18, 2018 in Canada. If you were convicted of a DUI before this date and ten years have passed since the full completion of your sentencing, you may be considered deemed rehabilitated by the passage of time.
If your only offence is an impaired driving charge before December 18, 2018 the equivalent Canadian law would be under S. 253 of the Criminal Code of Canada: “Operation While Impaired”, a hybrid offence punishable by a maximum of five years jail time. Since the maximum jail time is less than ten years, DUI offences from before December 18, 2018 are not considered to be of serious criminality. However, in order to be deemed rehabilitated, ten (10) years must have passed since the completion of your most recent sentence.
For example:
You were convicted of a DUI on September 18, 2017, and you were sentenced with paying a fine, one year probation, and 2 years licence suspension. If you paid the fine right away and got your licence reinstated on September 18, 2019, you will only be eligible to be deemed rehabilitated after 10 years have passed since the completion of your most recent sentence, in your case, the license reinstatement. If this is your only conviction, you could be eligible to be deemed rehabilitated only on September 18, 2029.
This means to be automatically deemed rehabilitated, all the following conditions must be met:
If you are deemed rehabilitated, you are NOT inadmissible to Canada! You will likely not face questioning, but if it is your first time crossing the border with the status of being deemed rehabilitated, it is recommended to carry a legal opinion letter from a lawyer to explain why you are deemed admissible to the Canadian Border Service Agency (CBSA) officer. It is also advised to carry your court documents that state the date you were convicted and your sentencing with you.
If your only offence is an impaired driving charge after December 18, 2018, Canada started taking impaired driving charges more seriously and it is now equal to S. 320.14(1) of the Criminal Code of Canada: “Operation While Impaired”, punishable by a maximum of ten years.
Convictions of impaired driving charges set after December 18, 2018 are now never considered for deemed rehabilitation as it is part of serious criminality. If you have a DUI charge on or after December 18, 2018, you are inadmissible to Canada. You must apply for a Temporary Resident Permit or a Criminal Rehabilitation (if eligible) and be approved to enter Canada on a cruise ship.
If you are not sure whether or not you could be deemed rehabilitated by the passage of time, contact us to get your case assessed by a lawyer.
It depends entirely on how well prepared you are. Canada believes in the concept of rehabilitation and weighs the risk and benefits of letting you in the country when you are inadmissible with a need to enter Canada – like a stop on a cruise. If you are criminally inadmissible, you may apply for a Temporary Resident Permit, or a Criminal Rehabilitation to enter Canada depending on your eligibility.
If your cruise itinerary includes a stop in Canada, even if it is only for a few hours and you do not plan on getting off the ship and setting foot into Canadian land, you will still be in Canadian territorial water. Just before you are on board the cruise, your cruise line may inform you that you will not be able to board the ship unless you have the proper documents prepared. However, the cruise ship is not obligated to tell you about your admissibility to Canada in advance and often may refuse you from boarding on the day of your long-awaited holiday. Also, obtaining these documents and permits have varied processing times. It is a complex and detailed process and it is recommended to start preparing as advanced as possible. If you are reading this article to be informed before your cruise, you are already on the right track!
If you find yourself being inadmissible and in risk of getting turned away from your non-refundable summer holiday cruise, there are options available for you to be able to enter Canada:
Obtaining a TRP or a CR will grant you special permission to enter Canada. Both are effective for cruises and have different eligibility criterias and validity periods.
Contact us to determine which option best fits your situation and discuss how we can help you move forward.A Temporary Resident Permit (TRP) is considered to be ideal for a short temporary stop in Canada during a cruise to Alaska. If five years have not passed since the completion of your most recent offence, a TRP is the only option available to you. A TRP will clearly indicate the time period that you are allowed to be in Canada (usually the minimum essential length of time you need to be in the country) and you must leave when it expires.
There are two ways available to apply for a TRP; through the Canadian consulate or through a Port of Entry (POE).
If you booked a cruise and it is still four to eight months or more away, it would be the ideal time to apply for a TRP through the Canadian consulate. Applying through the consulate has a longer processing time, but usually yields a higher success rate. These applications must be prepared with the appropriate and required documents and mailed to the Canadian Consulate in Los Angeles.
Are you in a rush? Found out too late about your inadmissibility to Canada? Don’t worry, although riskier, there is a solution available for you.. You may apply for a TRP upon arrival but risk getting denied and sent back to the United States on the spot. There is no processing time if you take this route and you may be issued a TRP immediately, provided you have the required documents.
As you can tell, there is a great risk in applying for a TRP at the Port of Entry (POE). If you are having difficulty assessing your own criminality and interpreting your court documents and sentencing, you can contact us at Canadim where one of our experienced immigration lawyers will discuss your chances of entry and provide the best course of action for you.
Read more about applying for a TRP through a POE or the consulate in Temporary Resident Permit (TRP).
If you are eligible, applying for a Criminal Rehabilitation (CR) is a great way to plan ahead of your cruise. However, due to the fact that the processing time for a CR application can be over 12 months, it requires you to plan in advance. If you have the luxury of having more than a year until your cruise and it has been five years since the completion of your most recent sentence, you are eligible and it is highly recommended that you apply for a CR to avoid the hassle of applying for a TRP every time you come to Canada.
An approved Criminal Rehabilitation would mean that you will never have to worry about being inadmissible to Canada again, and take as many cruises through Canada as you wish. This approach is a permanent solution and it completely clears your criminal record for the purpose of immigration until you are charged with another offence. With a longer processing time, the documents required are more intensive and in depth. Contact us at Canadim to seek guidance from an experienced immigration lawyer to avoid any processing delays and misrepresentation.
Read more about applying for a CR in Criminal Rehabilitation.
Consulting or hiring a lawyer can take a huge weight off of your shoulders. In a time-sensitive case such as a cruise, it is ideal to avoid any delays in processing due to missing or incorrect documents. Additionally, for applications such as CR or a TRP, which involve multiple requirements and eligibility criteria, any misrepresentation could lead to a permanent ban from entering Canada after one shot. With expert legal guidance, you will not only be well-informed, but you will also know and choose the best option available to you given your situation through the guidance of a lawyer. If you would like legal assistance from an immigration lawyer, contact us for a consultation.
Contact Us TodayEven if you do not plan on getting off the cruise ship when you arrive in Canada, you will still be in Canadian territorial water. Since the ship that you are on is entering the Canadian port, you are thus entering Canada. Canadian authorities have the authority to access the criminal history of all guests entering Canada on each cruise. If you are inadmissible, there is a significant risk of being denied boarding even before your cruise begins, often without a refund. If your cruise line has a stop in Canada, and you are not sure about your admissibility, seek legal advice and show up prepared to avoid any potential problems.
Cruise lines are not legally obligated to screen each of their passengers for Canada and inform them of their inadmissibility. It is your responsibility to determine your own eligibility to enter each country in the cruise itinerary and your obligation to apply for the appropriate permits for legal admission into the countries.
Yes, you are most likely still inadmissible if your DUI conviction was from five years ago. If you were convicted any time after December 18, 2018, you are not eligible to be deemed rehabilitated even if more than ten years has passed since your conviction. However, if it has been five years since the completion of your most recent sentencing for your DUI conviction, you may be eligible to apply for a criminal rehabilitation, which has the same outcome as being deemed rehabilitated if approved. You are also eligible to apply for a TRP if you want to enter Canada temporarily.
If you were convicted of your DUI offence more than 10 years ago, you may be deemed rehabilitated by the passage of time. If this is your only conviction on your record, and it has been ten years since you completed the most recent sentencing for this conviction, you are most likely deemed rehabilitated. It is still recommended to carry all of the documents regarding your offence and a legal opinion letter from a lawyer explaining why you are not inadmissible, especially for your first time going to Canada since being deemed rehabilitated.
Not necessarily, if you were the one who is inadmissible due to criminality, this will not impact your family’s admissibility to Canada. Your family will be able to enter the country and board the cruise ship, but you will still be inadmissible.
In criminality and inadmissibility, each circumstance and time of offence is different, making each case unique on a case-to-case basis. It is entirely in your discretion to decide whether you would like to take the huge risk of being denied entry onto your cruise ship if you are in fact inadmissible, or take the necessary measures to avoid complications. It is recommended to expect the worst and arrive at your cruise well-prepared to not leave your well-deserved travel plans to chance.
FREE ASSESSMENTCanada’s job market is continuously evolving, with opportunities across various sectors. It continues to shift…
Canada’s unique landscapes and vibrant cities make it an ideal destination for newcomers looking for…
A question we’re often asked is what we would consider to be the best province…
To return to Canada using commercial transportation such as a plane, bus, train or boat,…
Canada has always been a top destination for international students, as it is a country…
Immigration, Refugees, and Citizenship Canada (IRCC) uses the tie-breaking rule to determine who receives an…