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.
On This Page
You’ve got exciting plans for the summer!
The last thing you want is to have issues at the border to deal with – especially if it all could have been avoided. 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 any past charge on your criminal record could get you denied entry into Canada.
Does this mean you have to stay on the cruise ship? 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.
Who is criminally inadmissible to Canada?
Being criminally inadmissible means that you are not permitted to enter Canada as a foreign national (non-Canadian citizen) or a permanent resident on the grounds of criminality due to a past or a pending criminal charge on your record. 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:
- Driving Under the Influence (DUI)
- Driving While Impaired (DWI)
- Driving While Ability Impaired (DWAI)
- Operating While Intoxicated (OWI)
- Reckless Operation
- Reckless Driving
Can I go on an Alaskan Cruise if I have a DUI?
Yes, but it depends entirely on how prepared you are. 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 that you were convicted and completed your sentence of your DUI is a key factor in determining admissibility.
How long after a DUI can I take a cruise?
If the only offence you have is a DUI charge, two things matter the most when figuring out whether you are inadmissible to Canada:
- The date you were convicted
- The date you finished all the sentencing (Fines, Probation, DUI program attendance, etc.)
Canada’s law on DUI got stricter on December 18, 2018. If you were convicted before this date, AND ten years have fully passed since the completion of your sentencing, Canada may consider you automatically rehabilitated by the passage of time and NOT inadmissible.
DUI before December 18, 2018 (Single offence only)
If your only offence was before December 18, 2018, under Canadian law, this was “Operation While Impaired” with a maximum penalty of five years in jail, making it not serious criminality.
To be automatically deemed rehabilitated:
- It must be your ONLY offence ever AND
- At least exactly 10 years has passed since the exact date you completely finished all your sentencing AND
- The offence did not involve physical harm to a person, involve serious property damage or weapons
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.
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 after 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.
DUI on or after December 18, 2018 (Single offence only)
After December 18, 2018, Canada changed impaired driving charges to serious criminality. It is now equal to “Operation While Impaired”, punishable by a maximum of ten years.
This means, deemed rehabilitation is no longer an option even after 10 years has passed. If you have a DUI charge on or before 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.
Can I go on an Alaskan cruise if I am criminally inadmissible?
Yes, but it depends entirely on how well prepared you are. Canada does allow criminally inadmissible travelers with a special need to enter – including cruise stops – but only after weighing the risks and benefits.
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, you will still be in Canadian territorial waters and subject to Canadian law. Cruise lines often only inform their passengers that they will not be able to board the cruise without the proper documents just before boarding. The cruise lines are not obligated to inform you about your inadmissibility to Canada in advance and expect you to have the travel permit ready.
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:
- Temporary Resident Permit (TRP)
- Criminal Rehabilitation (CR)
- Wait to be deemed rehabilitated (if eligible)
Obtaining a TRP or a CR will grant you special permission to enter Canada. Both are effective for cruises and have different eligibility criteria and validity periods.
How do I apply for a Temporary Resident Permit for my cruise?
A Temporary Resident Permit (TRP) is ideal for a short temporary stop in Canada for a cruise if you are criminally inadmissible. If five years have not passed yet, since the completion of your sentencing, it might be the only option available to you. A TRP will temporarily allow you to enter Canada, but you must leave before it expires.
There are two ways available to apply for a TRP; through the Canadian consulate or through a Port of Entry (POE).
Can I Apply for a TRP Ahead of My Cruise?
If you booked a cruise and it is still several months away, it would be the ideal time to apply for a TRP through the Canadian consulate. While it has a longer processing time, it usually has a higher success rate. These applications must be prepared with all required documents and mailed to the Canadian Consulate in Los Angeles.
Can I Apply For a TRP on The Day of My Cruise?
If you found out too late about your inadmissibility to Canada, you could attempt to receive a TRP upon arrival at the border. While some people successfully get a TRP this way, it is much riskier as border officers may deny you and turn you away back to the USA 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.
There is a great risk in applying for a TRP at the Port of Entry (POE) especially for a cruise as you could miss your ship or have to book the next flight home. 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.
Can I apply for Criminal Rehabilitation ahead of my cruise?
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.
You qualify for a CR if it has been at least five years since the completion of your most recent sentence. You would need to have more than a year’s time until your cruise, but it is highly recommended to apply if you are eligible to permanently avoid the hassle of applying for a TRP every time you come to Canada. 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.
Do I need a lawyer to come to Canada on a cruise with a DUI?
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.
