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Need Help Entering Canada with a DUI 2024? Canadian DUI Immigration Law

Call Toll-Free Within North America (US & Canada)




FREE CONSULTATION IF YOU HAVE BEEN DENIED ENTRY TO CANADA FOR DUI, CALL 416 477
2545

Canadian immigration lawyers focused on denid entry to Canada for DUI & DWI
entry from USA (Amercian citizens). We offer free consultations. If you are a
truck driver, CEO, Flight attendant, Pilot or on busniess trip to Canada and
have a DUI call us today, we are here to help!


ENTERING CANADA WITH A DUI CONVICTION IN 2024

Normally entering Canada as a U.S. citizen is fairly straightforward: present a
valid passport and have a valid reason to cross the border. However, if you have
an arrest or conviction on record for driving under the influence (DUI) of
alcohol or drugs, this can quickly create complications for you. Sometimes
people underestimate the seriousness of this charge. It doesn't matter if you
received a misdemeanor or a felony offense. Any DUI history could prompt the
officer to deny your entry and classify you as criminally inadmissible.


ENTRY INTO CANADA IS DIFFICULT WITH A CRIMINAL RECORD

One common mistake that people traveling to Canada make is the assumption that
if you don't have a serious criminality, you will be allowed entry into Canada.
This is not the case. People may even be refused entry for not guilty verdicts
in some cases, as their criminal record may still list the original arrest.
Seemingly trivial, isolated charges such as a bounced check or disturbing the
peace quite often come back to haunt travellers at the border. The key point to
remember is that it's not how serious the crime is perceived to be, but how the
crime translates into Canadian Law. For example, some charges may carry harsher
sentences in Canada than the U.S.A., and vice versa.

Under the Immigration and Refugee Protection Act (IRPA), Section 36 (2) states
that a foreign national is inadmissible on grounds of criminality for:

(a) having been convicted of an offence under an Act of Parliament punishable by
way of indictment, or of two offences under any Act of Parliament not arising
out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament, or of
two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament;

According to the Canadian Criminal Code, every one who commits an Impaired
Driving offence is guilty of an indictable offence or an offence punishable on
summary conviction. An indictment is roughly equivalent to a felony in the U.S.,
while a summary conviction is roughly equivalent to a misdemeanor in the U.S. To
put this in more simplified terms, an indictment is stronger than a summary
conviction.

When it comes to Inadmissibility to Canada, even if you only have a misdemeanor
charge, it could still result in you being barred from visiting Canada for 10
years. This is due to Section 36 (3) (a) of the IRPA, which states that: "an
offence that may be prosecuted either summarily or by way of indictment is
deemed to be an indictable offence, even if it has been prosecuted summarily."
Most offences in Canada, including DUIs, fall under this legislation. Therefore,
if you were charged with a weaker misdemeanor, it could still be treated with
the same weight as a full on felony.

The other important thing to remember with DUIs is that it doesn't have to be
alcohol related at all to be treated as an inadmissibility at the border. You
may have been on medication prescribed by a doctor. However, it is still treated
as Driving Under the Influence in that the medication affected your ability to
operate a vehicle. Even if the drug was considered to be legal, this won't
change the perceived severity of the charge.


SO HOW CAN I ENTER CANADA WITH A DUI?

Getting into Canada with a DUI is not a simple process. In order for the
criminal inadmissibility to be dealt with, you will have to submit the proper
documentation and paperwork to the proper Canadian legal authorities. You will
need to consider on of the following three options: Criminal Rehabilitation,
Temporary Resident Permit (TRP), or Deemed Rehabilitation. Please read about
each option below to find out which one may be right for you.


CRIMINAL REHABILITATION

The advantage of Criminal Rehabilitation is that once your application is
approved, you never have to worry about the DUI charge surfacing again at the
border. A Criminal Rehabilitation will give you a clean slate and you will be
able to enter Canada freely like other U.S. citizens. Furthermore, once the
Criminal Rehabilitation is granted, you need not worry about it expiring or
renewing it. It is permanent. If you would like to visit Canada repeatedly or
over longer periods of time, this is the route to ultimately pursue.

Keep in mind that if you want to apply for Criminal Rehabilitation, 5 years must
have passed since the completion of your sentence. You must have complied with
all aspects of your sentencing as well, including any fine payments, probation,
courses, etc. If you are not yet eligible for Criminal Rehabilitation, then you
should consider a TRP application.


TEMPORARY RESIDENT PERMIT (TRP)

The Temporary Resident Permit's main advantage is that it can potentially allow
you to visit Canada even if you do not yet qualify for Criminal Rehabilitation.
However, there will be limits placed on your stay in Canada. Depending on the
strength of your TRP application, you may be allowed multiple visits to Canada
over a period of 3 years. TRP applications can be submitted at a Point of Entry
into Canada or can be submitted to the Consulate.




DEEMED REHABILITATION

This third option only applies if you have a single DUI conviction. This DUI
must be a misdemeanor. If you have complied with all aspects of your sentencing
and 10 or more years have passed since your sentence's completion, the Canadian
officers at the border may allow you to enter. It is important to note that you
must not have anything else on your criminal record besides the single DUI
misdemeanor charge. Even then, it is still wise to have a legal opinion letter
with you to help explain your situation to the officer you deal with at the
border.

If you are interested in pursuing one of the above options or are simply unsure
of how to proceed, our Canadian immigration lawyer is ready to help you. Let her
years of experience helping Americans with their criminal inadmissibility issues
put your mind at ease.

What if I'm not Driving in Canada?

You may not have any plans to drive in Canada. Maybe you are arriving by plane
and will be using public transportation. Unfortunately, if you tell this to the
immigration officer, it doesn't hold much weight. The fact remains that you
still have an inadmissibility on your record. Also, the immigration regulations
in Canada do not have any sort of provisions for a visitor's intension to drive
or not.

What if I don't Mention it?

A lie of omission is still a lie. By not mentioning your DUI at the border and
not being forthcoming with the immigration officer, you are putting yourself at
risk. At the least, you will probably be turned away at the border. At worst,
you may be banned from crossing for several years.


DOES THE STATE IN THE US WHERE I COMMITTED THE OFFENCE MAKE A DIFFERENCE?

Each state has its own unique spin on how it processes criminal charges. The
types of documentation you will receive for acquittals, pardons, and absolute
and conditional discharges will vary depending on where the charge took place.
Another factor that further complicates matters is the wording used to describe
the charges and relevant statutes in each state. For example, a DUI charge may
be called , depending on the state in which it occurred:

 * DUIL (driving under the influence of liquor)
 * DWI (driving while intoxicated)
 * OUI (operating under the influence)
 * OWI (operating while intoxicated)
 * OMVI (operating a motor vehicle while intoxicated)

While all of these acronyms are describing the same basic charge (DUI), the
issue is how it translates to the Canadian Criminal Code. The Canadian Federal
Court of Appeal determined that when applying a U.S. charge to the Canadian
Criminal Code, the precise statutory words must be used.

To even further complicate matters, in the U.S. system quite often someone can
make a plea bargain on their first DUI charge. This may reduce the charge to
something like Dangerous Driving or Reckless Driving. What the charge is reduced
to differs from state to state, and sometimes even county to county. Again, this
can effect how the charge is interpreted by the Canadian Criminal Code. In
Canada, there are two main sets of laws that govern driver behavior: The Highway
Traffic Act and the Criminal Code. The Highway Traffic Act is for less serious
incidents and usually results in fines and insurance fees, or maybe a licence
suspension. However, a charge of Dangerous Driving could be interpreted as an
indictable offence.

Each state will have its own legislation for other violations that are sometimes
included with DUI charges. Additional charges such as Refusing to Provide a
Breath or Blood Sample, Speeding, Driving without Insurance, or Leaving the
Scene of an Accident all have equivalencies under the Canadian Criminal Code.

Owing to all the above factors, it is advisable to consult with a licensed
immigration professional in this matter to ensure that you have covered all your
bases and are adequately prepared before attempting to enter Canada. Our team
has assisted hundreds of U.S. citizens with their Temporary Resident Permit and
Criminal Rehabilitation applications. We accept clients from everywhere in the
U.S. and are familiar with the unique legislation, terminology, and
documentation required by each state. With our help, you can rest assured that
you will be fully prepared for your visit to the border.

Is it Possible to Submit a TRP Application by Myself?

Like most matters involving Canadian immigration, it is possible to attempt to
do the application on your own. However, you must keep in mind that your
application will be heavily scrutinized once it is in the hands of officials at
the border. The consequences for having an incomplete or poorly prepared
application could be extremely costly. Imagine if you arrive by plane to an
international airport in Canada, only to have your TRP application rejected. The
Canadian official will direct you to take the next available flight back to the
U.S. at your own expense. Even if you ignore the financial consequences, you may
end up banned from entering Canada for an extended period of time.

To use an analogy, imagine denying legal counsel and representing yourself in
court. Most people would agree that you are taking a substantial risk. A
Canadian immigration lawyer or Regulated Canadian Immigration Consultant (RCIC)
can give you the guidance and resources to maximize your chances of submitting a
successful application and minimize your risk of rejection. With the help of an
experienced professional, you can prepare all of the documentation necessary and
organize it in the most effective way possible. Remember, when you prepare a TRP
application you are basically trying to convince the officer that you should be
allowed into Canada. Under the guidance of a professional, your application
package will tell a complete story and focus on the reasons why your request is
reasonable, complying with proper procedures and legislation.

Assembling an effective TRP application can take some time. Unfortunately, there
are situations that may require expedited processing of an application.
Unforeseen events like a family emergency may require you to travel within the
space of a few days. Preparing a TRP application for a quickly approaching
deadline is the type of situation where professional guidance becomes essential.
If you find yourself in this stressful situation, contact our team for a
consultation and find out how we can help!


HOW LONG SHOULD I WAIT FOR MY CRIMINAL REHABILITATION APPLICATION TO BE
PROCESSED?

The Consulate General of Canada currently provides an average processing
estimate of six to twelve months for Criminal Rehabilitation applications. Keep
in mind that this is an average and it is possible that your application may be
processed more quickly or slowly. A good workaround solution for this processing
time is to prepare both a TRP application for immediate entry into Canada and a
Criminal Rehabilitation application for the long term payoff of traveling to
Canada with a clean slate. This makes even more sense when you consider that
many of the documents that you need to provide can be used for both types of
application.

How Likely is it that the Canadian Border Officer will see that I have a
Criminal Record?

The previous system at the Canadian border was more likely to allow people with
criminal convictions pass through the border undetected. If you were sent for a
'secondary screening', the CBSA officer would run a full check from the CPIC
database. CPIC stands for Canadian Police Information Centre. Once the officer
accessed the CPIC database, they would be able to see any criminal record
registered with the FBI criminal database. If you weren't sent to a secondary
screening, usually your passport was only checked against a list of wanted
individuals and stolen / fraudulent passports.

Since November, 2015, CBSA officers now have access to the CPIC database at the
main checkpoint, or 'first screening'. This means that it is increasingly
unlikely to pass through the border undetected if you do have a criminal record.
The officers at the border have access to more information about travelers than
ever before, which makes the need for TRPs and Criminal Rehabilitations
essential if you are planning to cross.

The Canadian government has recently taken further measures to tighten security
and the flow of information at the border. In 2015, the federal government
announced that the number of border services officers had increased by 26%. In
an effort to more effectively screen travelers, a new system called eTA has also
been introduced.


(ETA) ELECTRONIC TRAVEL AUTHORIZATION

Rolling out on March 15, 2016, anyone from a visa-exempt country will need to
have an eTA in order to fly into or transit through Canada. Currently U.S.
citizens do not require an eTA, but if you are from a visa-exempt country (for
example, Korea or Germany), you will have to show this document along with your
passport. The eTA allows border officers to more easily screen travelers that
might otherwise pass quickly into Canada as they are not required to apply for a
visa through government channels beforehand. The Canada eTA application contains
information like your passport number and address which makes it easier for CBSA
officers to pre-screen you before entering the country.


IF I'M TRAVELING WITH COLLEAGUES, WILL THEY FIND OUT THAT I HAVE A DUI?

This is a valid concern. Imagine you are on a business trip with a group of your
co-workers and you are informed by the border officer that you have a criminal
inadmissibility to Canada. This could be a potentially embarrassing situation
and could also effect your career. If you would like to minimize the chances of
people traveling with you finding out about your DUI, there are a few things you
can do to prepare.

A TRP can be processed at a Canadian Consulate before traveling to Canada. The
advantage of applying this way is that the immigration officer at the Consulate
will have plenty of time to review your TRP application. If you receive an
approval this way, then crossing the Canadian border should take much less time
than submitting your TRP at the border. The other plus is the officer is less
likely to mention your DUI if your TRP has already been approved. Keep in mind,
however, that applying for a TRP at a Canadian Consulate will take several
months to process. Many people do not have enough notice of a trip to Canada to
effectively process their application this way. Quite often, there may be an
unforeseen reason to travel to Canada, whether it be an emergency or business
travel situation. If this is the case, you will have to apply for your TRP at
the port of entry (POE). The port of entry refers to the border or wherever you
first arrive in Canada (for example, at an international airport).

So, if you have to submit your TRP at the port of entry, what other options do
you have to minimize the chances of friends or coworkers learning about your
DUI? In this scenario, the best course of action would be to fly to Canada. Once
you arrive at a Canadian international airport, everyone is required to go
through customs and speak with a border officer. Quite often in busy airports
there are many officers spread out over a wide area in order to minimize line
wait times. You will most likely go through the gate individually, so the
chances of anyone overhearing the officer speak about your DUI or TRP
application are already reduced. Once you proceed to secondary inspection, you
will be taken to a separate location and be out of sight. Since more thorough
security screenings and random spot checks are more common at airports these
days, if you disappear for a while and rejoin your group later, it shouldn't
arouse too much curiosity.

Contrast this with driving across the border as a group. Crossing the border,
you will most likely be grouped together with your co-travelers and when you are
sent to secondary screening it will be obvious something is going on. The best
strategy in this situation is to give your prepared TRP application to the
border officer when he asks for everyone's passport. If you are lucky, the
officer will not explicitly mention the purpose of the TRP before sending you to
secondary screening. However, your co-travelers are likely to be curious about
what happened. That is why the best way to minimize this embarrassing likelihood
is to travel by air. If you are able to think of an excuse to travel separately
and meet your group after you've arrived in Canada, this might be the best
course of action.

Our team specializes in TRP applications both at the port of entry and through a
Canadian Consulate. Many of our clients have had DUIs and faced the same
scenarios as described above. With our experience and knowledge, we can help you
submit a successful TRP and advise you how to keep it discreet!


HAVE YOU ALREADY BEEN DENIED ENTRY TO CANADA?

A previous refusal of entry to Canada should be taken very seriously. If you try
to enter Canada again later, even at a different port of entry, your attending
border officer has a very high chance of discovering your previous refusal. Once
discovered that you are once again trying to enter Canada, the likelihood of
receiving a full on ban from entering Canada greatly increases. If you do find
yourself in this situation, try not to show frustration or lose your cool. When
the border officer perceives any statement or action from you as a sign of
non-compliance, you are likely to receive a harsher penalty. In extreme cases,
you could be issued a Section 44 Report which could lead to a Removal Order. To
avoid this scenario altogether, it is advisable to consult with a legal
professional that has knowledge of Canadian immigration before attempting to
cross into Canada again.

More importantly, what are some of the reasons why travelers to Canada are
initially refused entry? Some of the possibilities are:

 * Having been convicted of a crime (for example, a DUI)

 * On health grounds (endanger public safety or cause excessive demand on
   Canadian health services)

 * Misrepresentation (providing false information or obscuring information)

 * Financial reasons

One of the most common reasons that American citizens are stopped at the border
is for DUI convictions. Many people aren't aware that a DUI charge would prevent
them from entering Canada. Other driving violations as well, such as driving
underage or driving without a licence can show up in CPIC database records when
the border officer checks your passport.

You can request a TRP if stopped at the border for economic, humanitarian, or
social reasons. Sometimes Temporary Resident Permits will be granted after the
border officer considers the serious of the criminal offense causing your
inadmissibility. Other factors that will be considered are: complying with or
completion of the terms of your sentence, evidence of rehabilitation, amount of
time since your last offense, how many offenses you have, how often you have
offended, etc. Ultimately the border officer is assessing how much of a risk you
are to Canada and how legitimate your reason for entering the country is.
Needless to say, applying for a TRP on the spot at a border or port of entry
should only be done in extreme circumstances or in case of emergency. You will
receive an immediate answer, but your chances of being turned away are
considerable. Otherwise, have your TRP prepared beforehand with the help of a
qualified Canadian immigration lawyer.


WHAT OTHER CONVICTIONS CAN RESULT IN INADMISSIBILITY?

Other than having a DUI or DWI on your criminal record, there are other
convictions that make you inadmissible to Canada:

 * Theft

 * Fraud

 * Manslaughter

 * Dangerous Driving

 * Possession of or Trafficking in Drugs or Controlled Substances

 * Assault

 * Weapons Charges

 * Mischief

 * Arson

 * Breaking and Entering

 * Shoplifting

As you can see, even something perceived as a relatively minor charge (mischief,
for example) can wreak havoc with your plans to come to Canada. The above list
is by no means exhaustive. Before attempting to enter Canada, you should seek
help in finding out what your criminal conviction translates to in Canadian law
and how it will factor into inadmissibility. A criminal conviction may not
prevent you from coming into Canada, but you will need to prepare a complete TRP
package before attempting it. Every time you come to a port of entry or the
border, you require special permission to enter. It's important to note that
immigration regulations change over time as well as the required documents for
such an application. By consulting with an immigration lawyer familiar with the
latest updates to the requirements, you will maximize your chances of submitting
a successful application.

Quite often U.S. DUI offenders get stopped at the border even before being
convicted. If you are still in the process of waiting for legal proceedings to
determine your conviction, you will be considered inadmissible to Canada. Even
if you are not yet convicted, you will have to get special permission to enter
Canada. This can sometimes create problems because of deferred sentencing. Once
you complete the conditions of a Deferral Program and have a "no conviction"
finding from the court, then you can once again enter Canada without a TRP.

A Deferral Program is an option in many U.S. states for people charged with a
first offense DUI. Upon notifying the court that they would like to participate
in the Deferral Program and plead guilty to the DUI, the court may defer the
criminal proceedings . Then the person is placed on probation and they must
complete the conditions of the Deferral Program. A year after successful
completion, the court will file another motion to have the DUI charge expunged.
Until the charge is expunged, a TRP will still be required to enter Canada.


LIST OF DRUG & ALCOHOL RELATED DRIVING OFFENSES IN UNITED STATE THAT CAN MAKE AN
AMERICAN INADMISSIBLE TO CANADA:

 * DUI (including "Under 21" and "Civil")

 * DWI

 * DUID

 * OVI

 * DWUI

 * OWI

 * OUI

 * DUII

 * OMVI

 * DUIL

 * DWAI

 * DUBAL

 * Wet Reckless


WHY ELSE MIGHT I BE REFUSED ENTRY TO CANADA?

Other relatively common reasons for Americans to be refused entry to Canada
include no proof of income or sufficient funds, no international health
insurance, no proof of residency in or ties to the U.S.A., or being denied a
NEXUS card.

No Proof of Income or Sufficient Funds

Canadian border officers screen for travelers to Canada who might be interested
in working there illegally or trying to take advantage of the country's social
programs. When a border officer screens you for this, they will ask for
documentation that can prove that you have the financial resources to fund your
stay in Canada. If you are planning to visit for an extended period time, this
will require access to additional funds that the border officer may be
interested in verifying. If you will be receiving money in the future but your
current bank balance is low, this may put you under suspicion for attempting to
enter the country for illegal work.

The best way to avoid this situation is to travel with the appropriate funds and
have proof showing any other financial resources you may have. Simply having
access to an online banking account through your phone can be a quick way to
verify your financial situation to a border officer.

No International Health Insurance

Many people who travel internationally these days invest in travel insurance to
cover the potential cost of medical expenses in a foreign country. As you might
have heard, Canadian citizens and permanent residents have access to free
universal health care as part of the country's social services. However, if you
are visiting Canada on a Visitor Visa or Temporary Resident Permit, you do not
qualify for this medical coverage. Therefore, when border officers think that
you have the potential to require medical services while in Canada, they will
often ask if you have travel insurance or appropriate health insurance coverage.
Senior citizens and individuals suffering from health problems are more likely
to be screened for this requirement.

If you are concerned about this requirement, you should find out if your current
health insurance covers out of country medical expenses. Paying out of pocket
for medical treatment in Canada can be quite expensive and medical fees can
quickly add up. Sometimes VISA or MasterCard will offer emergency medical
coverage as part of their services. There are many other options for obtaining
travel insurance that should be explored before traveling to Canada.

No Proof of Residency or Ties to the U.S.A.

Another prime concern for border officers when screening travelers to Canada is
that they may not exit the country and attempt to live there indefinitely.
Having documentation with you that shows a current home address in the U.S. such
as a valid driver's license can potentially save you some trouble at the border.
If you don't have documentation to this effect, be prepared for the possibility
of refusal of entry.

Being Denied a Nexus Card

Frequent travelers at the U.S. Canada border often apply for a NEXUS card. The
advantage of this card is that it gives the card holder expedited processing
when transiting between the U.S. and Canada. However, if you apply for a card or
already have a card and are convicted of an offense, this will cause you to be
denied the NEXUS card service. Once you are denied a NEXUS card, border officers
will be able to see this information in their initial screening. The Canada
Border Services Agency website outlines how a NEXUS applicant cannot have a
criminal conviction from within or outside of Canada. In addition, you may not
qualify if one of the following applies:

 * You are considered inadmissible to Canada or the United States under
   applicable immigration laws;

 * You have a recorded violation of customs, immigration or agriculture law;

 * You intentionally provide false or incomplete information on your
   application; or

 * You have been convicted of a serious criminal offence in any country for
   which you have not received a pardon (for U.S. background checks you may be
   questioned about your full criminal history, including arrests and pardons,
   which may exclude you from NEXUS)

You must get approval from both Canada and the U.S. to become a member of NEXUS.
If you application is denied, this will make it more difficult to enter Canada
in the future and will usually result in more intensive screening from border
officers.


WHEN APPLYING FOR A TRP, WHAT SORT OF DOCUMENTATION DO I NEED?

If you are thinking of preparing a TRP application for the point of entry, or
considering submitting a TRP application to a Canadian Consulate, there are
certain documents that will be required to successful process your application.
Naturally, you need to show documentation that outlines your criminal history.
But more importantly, there should also be documents that show evidence of your
compliance with the terms of sentencing. The immigration officer looking at your
application will also want proof that you are rehabilitated and are making an
effort to not repeat your past mistakes. This is where reference letters and
letters of recommendation play a big part in providing evidence of your
rehabilitation and good character. The reason you want to visit Canada will also
come into question, so documentation that shows your purpose or plans for
traveling are vital. At the end of the day, documents are just information. If
you submit a pile of documents to the border or immigration officer, it may not
be compelling enough for them to approve your application. This is where the
help of an immigration lawyer comes in. An experience professional can pinpoint
what documentation should be included and how it should be presented. He or she
can also assist you in making your application more compelling by providing a
submission letter that outlines your key information and tells your story in a
positive light.


FLIGHT ATTENDANTS AND PILOTS TRAVELING TO OR TRANSITING THROUGH CANADA WITH A
DUI

Complications often arise for individuals working for an airline on
international flights that arrive in or transit through Canada. If you are a
pilot or flight attendant that has a DUI on your record, you are inadmissible to
Canada. It doesn't matter that you are traveling to Canada to fulfill the job
duties of your employer, you will still need special permission to enter the
country. Obtaining a Temporary Resident Permit will allow you to continue your
work duties for a temporary period of time (potentially up to 3 years), however,
to solve the problem permanently at some point you will need to apply for
Criminal Rehabilitation through a Canadian Consulate. Only after approval of
your Criminal Rehabilitation application will you be free to enter Canada
without special permission.

If you are interested in applying for an airline as a pilot or flight attendant
and have a DUI on your record, many airlines with international flights to
Canada will refuse to hire you as you will be restricted to certain flights. One
of the prerequisites of attending training programs for many airlines is a
criminal background check. To start this type of career successfully, it is
advisable to be proactive now and work towards obtaining a TRP or Criminal
Rehabilitation.

The other common scenario is that you are already a practicing pilot or flight
attendant working for an international airline and you have recently been
charged with a DUI. It doesn't matter how many years' experience you have or
your how amicable a relationship you have with your employer, the fact remains
that this DUI will prevent you from entering Canada. If you do receive a DUI
charge, you should immediately inform your Human Resources department so that
the company initiate proper procedures for this type of scenario.

For pilots with DUI, you will be required to send a letter of notification to
the Security and Investigations Division of the FAA within 60 days of your DUI
or alcohol-related conviction. In addition, many companies will require you to
undergo a substance abuse assessment. Until this is complete, you will not be
able to return to work.

Obviously the ramifications for a pilot are more serious than those for a flight
attendant. Quite often flight attendants will still be allowed to work, but
their schedules will have to be adjusted so that they are not on any flights to
Canada. Earlier in the article it was mentioned that even if you are not yet
convicted of a DUI, the charge can still show up on your record when screened by
a border officer. That means it is in your best interests to inform Human
Resources immediately than risk the unpleasant situation of being denied entry
to Canada while working. If you are denied entry and you haven't informed your
employer of your situation, it could result in grounds for losing your job. It's
always in your best interests to be upfront with your employer so you can work
together to solve the problem.

Many people working as pilots or flight attendants with international flights to
Canada are registered with the Canadian Passenger Accelerated Service System
(CANPASS). The CANPASS system is a program established through the Canada Border
Services Agency (CBSA) which allows members to pass quickly through Canadian
customs and immigration at major Canadian airports using iris recognition
technology. This program merged with NEXUS in 2007 but is still used by many
frequent air travelers. However, as discussed previously in the article, both
NEXUS and CANPASS have policies that deny U.S. residents with an impaired
driving conviction.

If you have a DUI conviction, or even if you have been charged but not
convicted, you should consult with a Canadian immigration lawyer so that it
doesn't have a negative impact on your career. Even individuals with an expunged
DUI or those who plead a DUI down to a lesser charge need to be prepared for
complications at the Canadian port of entry. Take the steps and be proactive:
apply for a TRP or Criminal Rehabilitation and save yourself from risking
consequences that could effect your career.


FLAGPOLING

Many people who have a DUI on record and wish to apply as a flight attendant
have used a technique sometimes referred to as 'flagpoling'. Even though you do
not yet have a job as a flight attendant, you will need to be admissible to
Canada in order to attend airline training programs and ultimately be hired. Due
to this requirement, just the fact that you are actively applying for flight
attendant positions means that you have a valid reason to obtain a TRP or
Criminal Rehabilitation. By going to the border or a port of entry into Canada
and applying for a TRP, you can quickly receive approval for entry into Canada.
This will allow you to meet the company's requirements and start your initial
flight attendant training.

Flight attendants and pilots who have DUIs, be proactive! Find out how our
experienced team can help you overcome your inadmissibility and get back to
work.


WHAT IS THE DIFFERENCE BETWEEN A CIVIL DUI AND A CRIMINAL DUI?

The main differences between a civil DUI and a criminal DUI are the parties
involved, the penalties, and the burden of proof. Usually with a civil DUI case,
there is no circumstance in which part of your sentencing would be imprisonment.
If it is your first time being charged with a DUI, you might receive a civil
license suspension, not a criminal record. Even though the penalty is relatively
light in the U.S. system, the problem again lies in the equivalent charge in the
Canadian Criminal Code. Canada does not have a civil penalty for a DUI.
Therefore, it is treated as a criminal DUI charge in Canada and will make you
inadmissible at a border or port of entry.

Civil DUIs are usually processed by the Department of Motor Vehicles (DMV),
which means they may not always show up on FBI or State Clearance checks. This
could potentially exclude the civil DUI information from the CPIC database that
Canada Border Service Agents check when they screen someone at a port of entry
or at the border. However, there are no guarantees that your civil DUI will
remain undetected. Every year, border officers have access to more detailed
information and resources when screening visitors to Canada. Imagine that a
border officer asks you if you have ever been arrested before and you say no as
you only received a minor license suspension. Meanwhile, the officer is
screening your criminal record and he sees your civil DUI. Remember, this is
treated as a full blown DUI in Canada. Now you have been caught in a lie and
will most certainly be denied entry into Canada. So whether your DUI is civil or
criminal, be prepared and apply for a TRP or Criminal Rehabilitation. That way
you don't have to go through the stress of potentially lying to a border officer
in the hopes your charge goes undetected.


WHAT ARE MY CHANCES OF HAVING A SUCCESSFUL DUI APPLICATION?

Canadian immigration lawyers and consultants are bound by a code of ethics that
prevents them from guaranteeing a positive outcome on an application. The reason
this code of ethics exists is quite simple: the only person who can determine
the success of your TRP or Criminal Rehabilitation application is the
immigration or border officer examining your application. If you have been told
by a law firm or consultant that they will get you a positive result, they are
lying to you. That being said, in the hands of the right team, your application
can be strengthened and focused so that it makes the right impression with the
person processing your application. One of the keys to having a successful TRP
application is having a legitimate reason to come to Canada. Traveling to Canada
as a business visitor can potentially carry more weight than a vague declaration
that you want to visit Canada. Entering Canada to fulfill the duties of your
employment sends a message that you are a professional and will voluntarily
leave Canada once your business has been conducted there.

Our team has helped people from many different professions enter Canada
successfully. Whether you are an executive attending a conference, a flight
attendant on an international flight, or a truck driver who has a delivery /
pick-up in Canada, you can use this as a compelling reason to be granted a TRP.
We can't guarantee success, but we can guarantee we will draw on our experience
and expertise to make your application a compelling one.


DO I QUALIFY FOR A CANADIAN WORK PERMIT IF I HAVE A DUI?

As previously stated, any criminal history that makes a foreign national
inadmissible to Canada will prevent them from getting a Canadian work permit. In
fact, most immigration applications are not feasible for inadmissible
individuals. Whether it's a DUI on your record or a Mischief charge from 20
years ago, the ramifications are the same. Before coming to Canada, let alone
working legally in Canada, you will need to go through the process of obtaining
a Temporary Resident Permit or Criminal Rehabilitation.


IF I ENTER CANADA THROUGH A CERTAIN PORT OF ENTRY, WILL IT INCREASE MY CHANCES
OF SUCCESS?

As you may already know, Canada is broken up into 13 regions, similar to states.
The provinces are, from west to east: British Columbia, Alberta, Saskatchewan,
Manitoba, Ontario, Quebec, New Brunswick, Prince Edward Island, Newfoundland and
Labrador, and Nova Scotia. There are also 3 northern territories: Yukon,
Northwest Territories, and Nunavut. Canada is a massive country and there are
multiple ports of entry. Ultimately though, it doesn't matter where you attempt
to enter into Canada, as the immigration laws and procedures fall under the
Federal government. That means that no matter what your destination in Canada,
our team has the knowledge to assist you in getting there.


WHAT DOCUMENTS ARE NECESSARY TO APPLY FOR A TRP OR CRIMINAL REHABILITATION?

As mentioned previously, TRP and Criminal Rehabilitation applications require
similar information from the applicant to process. The implication here is that
if you gather the documentation for a TRP application, you could use that same
documentation for a Criminal Rehabilitation as well! The Consulate General of
Canada requires that applicants fill out certain generic forms to submit with
their application.

The Application for Temporary Resident Permit form requires some basic
information from the applicant. Much of this information is easily provided, for
instance: name, current address, passport details, birth date, and current
occupation. The form also requires you to answer some "Have you ever" type
questions about your medical history and previous refusals of entry or
deportations from Canada. The difficulty lies in the next sections of the form.
Here they request details of your criminal inadmissibility, a list of your
convictions along with statute number, sentencing details, etc. This information
is much more difficult to provide and will require additional documentation as
proof for the examining officer. You will also need to provide complete address
and work history since the age of 18.

The Application for Criminal Rehabilitation form asks for similar information as
the TRP form. It is more concerned with your inadmissibility to Canada and list
of offences. The last 2 pages of this form are completed by the immigration
officer assigned to your application, the reason being that this form is
submitted to a Canadian Consulate.

Citizenship and Immigration Canada provides document checklists as a guideline
for what you should be submitting with your TRP and Criminal Rehabilitation
applications. Starting with the Temporary Resident Permit checklist, which can
be found IMM 5507E form, you will see in the bottom section of the document that
you are required to provide several requirements. For this type of application,
passport-size photographs are required for proper processing of your TRP. You
must also include photocopies of your main data page from your passport as well
as a stamp from your most recent entry to Canada (if you have one). It is
possible that if you previously entered Canada as a U.S. citizen, you may not
have gotten a stamp in your passport. Remember, if you passport expires soon it
would be in your best interest to get it renewed before applying for a TRP.
Other documents that might be required depending on your circumstances include
other travel or identity documents and a valid return ticket or other itinerary
that shows details of your stay in Canada. The TRP checklist also requests proof
of means of support, which could entail a letter of employment from current or
previous employers as well as other financial documentation. Most importantly,
the document checklist states that you must provide documentation to verify your
criminal convictions as well as any action taken on your part to resolve your
inadmissibility. This kind of documentation could be state criminal background
checks, court dockets detailing the terms of your sentence and your compliance
with them, and other programs or classes completed to fulfill the terms of your
sentence.

The Criminal Rehabilitation document checklist, which can be found IMM 5507E
form, provides a more detailed list of what you need to provide in order to
prove your claims of rehabilitation. You must provide documentation that details
every court judgment made against you including the charge, verdict, and
sentence. More difficult to obtain is the next request, in which you should
provide the equivalent Canadian laws which pertain to your criminal history.
These equivalencies can be very challenging to locate and you will most likely
require help from a Canadian immigration lawyer in order to provide the proper
sections of the Canadian Criminal Code. Also, like the TRP document checklist,
you will need to show documents that prove you complied with and completed all
aspects of your sentencing. Originals will be required for state background
checks for states that you resided in for 6 months or longer since the age of
18. Also, if you have any charges from when you were a juvenile offender, you
will have to provide a letter or document proving that your country has special
measures in place for such offences.

Finally, and perhaps most importantly, both TRP and Criminal Rehabilitation
applications have their own respective fees that must be paid. Your application
package should contain the receipt for the payment of these fees in order to
facilitate processing. Fees for Criminal Rehabilitation vary from $200 CDN to $1
000 CDN depending on the nature of your previous offences and if you have what
is classified as a serious criminality. It is also important to factor in the
current exchange rate as well when calculating how much you need to pay in U.S.
dollars.

Can I use a Temporary Resident Visa (TRV) form instead of a Temporary Resident
Permit (TRP) form?

A common mistake made by applicants for a TRP is using the wrong form and / or
checklist when putting together an application. When going to the Citizenship
and Immigration Canada webpage, it is much easier to locate instructions and
documentation for Temporary Resident Visas. This type of visa is for visitors or
tourists to Canada and requires a completely different set of forms, documents,
and fees. U.S. citizens do not usually have to apply for this type of
application, as they qualify for a 6 month visitor visa simply by presenting a
valid passport at the border or port of entry and satisfying the border
officer's requests. Remember, TRVs and TRPs are two entirely different things,
so take precaution when searching for them on the CIC webpage or the internet in
general.


CANADA AND DUI ENTRY

The first thing people interested in coming to Canada on a TRP application often
do is start scouring the internet for information in an attempt to find out what
is needed. The problem is, like all information on the internet, you have to
take it with a grain of salt. There are immigration forums with posts from
'experts' that will inform you of what you need to do when filing a successful
TRP. Unfortunately, much of this information was gathered from unreliable
sources or friends of friends. The only way to get reliable information on this
complicated process is to consult the Citizenship and Immigration Canada webpage
or to get into contact with someone who is regulated and qualified to give you
Canadian immigration advice. Our team of Canadian Immigration lawyers, Regulated
Canadian Immigration Consultants, and Inadmissibility lawyers can help you get
started on the right foot and guide you through each step of TRP or Criminal
Rehabilitation process.

GET HELP FROM CANADIAN IMMIGRATION LAWYERS

OUR CANADIAN IMMIGRATION LAWYERS ARE HERE TO HELP YOU GET ACCESS TO AND ENTER
CANADA. OUR IMMIGRAION LAYWERS WILL HELP YOU WITH GETTING TEMPORARY RESIDENT
PERMIT (TRP) SAME DAY AT THE CANADIAN BORDER.

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If you have a DUI or DWI arrest or conviction on your record and you want to
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