Tuesday, May 9, 2017

Entering Canada With A DUI, What You Need To Know

Canada has some of the toughest restrictions on travelers entering the Country in the World.  If you have a conviction for any criminal offense in California or anywhere else in the United States, here is what you need to know:Canada is a major destination for travel and commerce. In some cases, travellers are being rejected at points of entry due to a previous criminal offence. Canada does not distinguish between a misdemeanour and a felony; therefore if you have a pending criminal charge or are on probation for a crime you may no longer be able to travel to Canada, even for a short trip. What makes a person Inadmissable?  Any conviction for a felony and most misdemeanors.  Interestingly, Canada does not distinguish between felonies and misdemeanors so a charge of DUI, drunk driving, reckless driving, manslaughter, theft, writing a bad check, etc.  can result in your denial of entry. If you are deemed inadmissible There are two ways in which one can overcome their inadmissibility to Canada: Criminal Rehabilitation and Temporary Resident Permits.  We will discuss both of them independently:

Criminal Rehabilitation will permanently resolve an individual’s inadmissibility on a permanent basis as long as 5 years have passed since the completion of their sentence for a non- serious crime. If successful, the conviction(s) will no longer be a limitation to enter Canada.

The first step is to determine if the offence that the individual was convicted of is equivalent to a criminal offence in Canada. However, this is a difficult task that often requires legal expertise.
At least 5 years must have elapsed since the completion of a sentence in order to be eligible for criminal rehabilitation.
If 10 years or more have elapsed, and the individual has only one non-serious conviction, s/he would be deemed rehabilitated and admissible to Canada. However, we recommend a Legal Opinion Letter in order to explain any history of criminality. 

Temporary Resident Permits will allow individuals who are criminally inadmissible to Canada to enter the country for a limited period of time.
Immigration officers will evaluate TRP applications and approve them if the individual has a signi cant reason for entering Canada. Travelling to Canada for business purposes and/ or for reasons that benefit Canada will improve their chance of success. 
A temporary resident permit is necessary for entry to Canada if:
Less than 5 years has passed since completing a sentence for a crime equivalent to a Canadian federal offence.

More than 5 years has passed and criminal rehabilitation has NOT been approved.