denied entry into Canada
Apr 11, 2011, 9:47 am
#31
Join Date: Dec 2010
Posts: 2,425
This section from the Canadian Immigration website seems to apply to your co-worker's situation:
http://www.cic.gc.ca/english/informa...des/5312E5.asp
"Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)
Coming to, or remaining in Canada without approval of rehabilitation
If you need to come to Canada, but cannot apply for rehabilitation because five years have not passed since the end of the sentence imposed or you are not eligible to apply for a pardon for convictions in Canada, you may ask an officer for special permission to enter or remain in Canada. Complete the Application for Criminal Rehabilitation, but check the box that states, “For Information Only.” Attach the documents outlined in the Document Checklist. After reviewing the form and looking at the nature of the offences, number of offences, when they happened and your current situation, the officer may:
At Canadian visa offices outside of Canada
advise that they do not recommend that you travel to Canada; or,
advise that you could apply for special permission (temporary resident’s permit) to enter Canada*.
At Ports of Entry (airport, marine or land)
(Contact your nearest Canadian visa office before travelling to Canada.)
advise that you will not be allowed to enter Canada and ask you to return immediately to your country of departure;
take enforcement action (arrest, detention and/or removal); or,
advise that you could apply for special permission (temporary resident’s permit) to enter Canada*.
In Canada
ask that you leave Canada voluntarily;
take enforcement action (arrest, detention, and/or removal from Canada); or
advise that you could apply for special permission (temporary resident’s permit) to remain in Canada*.
*There will be processing fees for applications for special permission to come into or remain in Canada. You will be advised of the processing fees at the time, or you can refer to our website for further details."
[end]
In the past, people have been successful getting in to Canada at the border by emphasizing they are a tourist and there to spend lots of money (no kidding). But you have to convince the Border Agent you are dealing with of this, and he has final discretion...period...even if you already have a Temporary Resident Permit or Certificate of Rehabilitation. He could just as likely send you home, as he did to the OP's co-worker.
http://www.cic.gc.ca/english/informa...des/5312E5.asp
"Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)
Coming to, or remaining in Canada without approval of rehabilitation
If you need to come to Canada, but cannot apply for rehabilitation because five years have not passed since the end of the sentence imposed or you are not eligible to apply for a pardon for convictions in Canada, you may ask an officer for special permission to enter or remain in Canada. Complete the Application for Criminal Rehabilitation, but check the box that states, “For Information Only.” Attach the documents outlined in the Document Checklist. After reviewing the form and looking at the nature of the offences, number of offences, when they happened and your current situation, the officer may:
At Canadian visa offices outside of Canada
advise that they do not recommend that you travel to Canada; or,
advise that you could apply for special permission (temporary resident’s permit) to enter Canada*.
At Ports of Entry (airport, marine or land)
(Contact your nearest Canadian visa office before travelling to Canada.)
advise that you will not be allowed to enter Canada and ask you to return immediately to your country of departure;
take enforcement action (arrest, detention and/or removal); or,
advise that you could apply for special permission (temporary resident’s permit) to enter Canada*.
In Canada
ask that you leave Canada voluntarily;
take enforcement action (arrest, detention, and/or removal from Canada); or
advise that you could apply for special permission (temporary resident’s permit) to remain in Canada*.
*There will be processing fees for applications for special permission to come into or remain in Canada. You will be advised of the processing fees at the time, or you can refer to our website for further details."
[end]
In the past, people have been successful getting in to Canada at the border by emphasizing they are a tourist and there to spend lots of money (no kidding). But you have to convince the Border Agent you are dealing with of this, and he has final discretion...period...even if you already have a Temporary Resident Permit or Certificate of Rehabilitation. He could just as likely send you home, as he did to the OP's co-worker.
Apr 11, 2011, 9:58 am
#32
Join Date: Jan 2005
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A co worker just called me from YVR and told me he was denied entry into Canada.
He was on his way to Whistler for a week-long ski vacation and upon landing in YVR he was refused entry due to a DUI that he received in 2007.
I only spoke with him briefly, and will get all the details when he comes back tonight, but I was wondering.... shouldn't the airline that flew him to YVR have checked eligibility? at no point was he told that a 4 year old DUI would exclude him entry.
does he have any recourse for his expenses?
he prepaid the hotel, ski lift tickets and rental. I think it was a package deal.
He purchased travel insurance, would this be something that they cover?
the trip was purchased on a citi bank AAdvantage american express card. would that offer him any protection?
I know drinking and driving is a serious issue, i dont want to get into how bad it is in this thread, I just want to know if he has any options or is he S O L
Thanks
He was on his way to Whistler for a week-long ski vacation and upon landing in YVR he was refused entry due to a DUI that he received in 2007.
I only spoke with him briefly, and will get all the details when he comes back tonight, but I was wondering.... shouldn't the airline that flew him to YVR have checked eligibility? at no point was he told that a 4 year old DUI would exclude him entry.
does he have any recourse for his expenses?
he prepaid the hotel, ski lift tickets and rental. I think it was a package deal.
He purchased travel insurance, would this be something that they cover?
the trip was purchased on a citi bank AAdvantage american express card. would that offer him any protection?
I know drinking and driving is a serious issue, i dont want to get into how bad it is in this thread, I just want to know if he has any options or is he S O L
Thanks
The airline has no obligation to check for criminal history exclusion, though as a visitor to another country, it is an obligation for a tourist to check on eligibility, visas, etc. While it may seem absurd, Canada does state it quite clearly here. In the website, it does offer solutions to being inadmissible under Criminal conviction rules - I do not have any experience re: odds of 'rehabilitation' applications.
As for whether your friend is SOL, I think the only recourse for your friend is to seek refund through travel insurance coverage, or contact the package dealer about refunds. I am not sure what his AA Amex covers, but it would not hurt to check. I suspect that they may cite the inadmissibility clause and that your friend should know this.
Apr 11, 2011, 10:04 am
#33
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I think the only recourse for your friend is to seek refund through travel insurance coverage, or contact the package dealer about refunds. I am not sure what his AA Amex covers, but it would not hurt to check. I suspect that they may cite the inadmissibility clause and that your friend should know this.
I would *not* state the reason for being turned away upfront, though if asked, it would have to be disclosed.
Apr 11, 2011, 1:04 pm
#34
Join Date: Mar 2003
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There is one thing I am surprised nobody brought up. I think it is pretty outrages that the US Federal government shares NCIC with a foreign state. Talk about selling out your own citizens.
We sure are safer now that we can keep all of those Canadian's out of the US with criminal convictions
.
We sure are safer now that we can keep all of those Canadian's out of the US with criminal convictions
.
Apr 11, 2011, 1:09 pm
#35
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This came up in a previous lengthy thread about this subject, although I can't put my fingers on it at the moment.
Apr 11, 2011, 1:33 pm
#36
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We've removed a number of posts tangential to the OP's concern. If you'd like to discuss the politics of DUI laws, OMNI is your spot. Information on entry issues related to Israel, UK or anywhere else may be taken up in the appropriate Destination forum, TravelBuzz or OMNI as forum rubric dictates.
---------
essxjay
TS/S moderator
Last edited by essxjay; Apr 11, 2011 at 1:41 pm
Apr 11, 2011, 1:51 pm
#37
Join Date: Feb 2010
Posts: 1,347
FB
Apr 11, 2011, 2:28 pm
#38
Join Date: Jul 2003
Location: Salish Sea
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It does work. I have an acquaintance convicted for petty theft as a teenager who successfully got a permanent waiver to enter Canada.
Apr 11, 2011, 6:34 pm
#39
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What does Canada (and the US) do with incomplete NCIC records? Do they count them as convictions unless otherwise proven not?
Last edited by Dan6681; Apr 11, 2011 at 6:43 pm Reason: (and the US)
Apr 11, 2011, 7:00 pm
#40
Join Date: Jan 2005
Posts: 208
The NCIC contains state and federal convictions and arrests where fingerprints were taken if the jurisdiction decided to report them to the FBI. It also contains active felony arrest warrants and select misdemeanor warrants (usually involving violence or significant drug activity) that the states and other jurisdictions report to the NCIC for a fee.
Canada uses the conviction info and arrest warrant info contained in the NCIC according to their guidelines. If there is arrest info on your NCIC record that is less than a year old (or maybe two years??? i am not sure) where there isn't any indication that the case has been disposed of, they might consider that an open case unless you can produce paperwork the the case has been dismissed or otherwise resolved in the meantime. I think they just assume that any older arrests listed have already been resolved. If they had any questions, the burden would be on you to produce paperwork.
If the info was not reported to NCIC, there is nothing Canada can do about that, unless they want to spend the time to go on a fishing expedition. I think the Canadian Border Patrol may have access to certain state records too, like maybe in Washington or New York?? But otherwise, unless they know of your non-reported crimes and moral faults (unprosecuted drug use), they will not most likely know about this. But if they are suspicious of you, they do not need a reason to deny you entry. It is totally up tot he discretion of the border guard reviewing your case, even if you have a temporary vistor's permit or visa. He just may not like the way you act or look. There is no unequivocal right to visit another country where you are not a citizen.
Canada uses the conviction info and arrest warrant info contained in the NCIC according to their guidelines. If there is arrest info on your NCIC record that is less than a year old (or maybe two years??? i am not sure) where there isn't any indication that the case has been disposed of, they might consider that an open case unless you can produce paperwork the the case has been dismissed or otherwise resolved in the meantime. I think they just assume that any older arrests listed have already been resolved. If they had any questions, the burden would be on you to produce paperwork.
If the info was not reported to NCIC, there is nothing Canada can do about that, unless they want to spend the time to go on a fishing expedition. I think the Canadian Border Patrol may have access to certain state records too, like maybe in Washington or New York?? But otherwise, unless they know of your non-reported crimes and moral faults (unprosecuted drug use), they will not most likely know about this. But if they are suspicious of you, they do not need a reason to deny you entry. It is totally up tot he discretion of the border guard reviewing your case, even if you have a temporary vistor's permit or visa. He just may not like the way you act or look. There is no unequivocal right to visit another country where you are not a citizen.
Last edited by mileena; Apr 11, 2011 at 7:07 pm
Apr 11, 2011, 7:38 pm
#41
Join Date: Feb 2010
Posts: 1,347
That is interesting. I had never heard of people getting turned back until after 9/11. Although the inadmissibility rules for admission to Canada that include things like DUI were in force long before then.
What does Canada (and the US) do with incomplete NCIC records? Do they count them as convictions unless otherwise proven not?
What does Canada (and the US) do with incomplete NCIC records? Do they count them as convictions unless otherwise proven not?
FB
Apr 11, 2011, 7:42 pm
#42
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I remember crossing the border by car from Canada to the US back in 1989 and a friend who was traveling with me was denied entry into the US because he had a Canadian criminal record.
Apr 11, 2011, 7:55 pm
#43
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Apr 11, 2011, 8:39 pm
#44
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I had a Canadian friend that I use to travel with. We traveled to and through USA numerous times, always submitting our passports to the CBP at the border. Sometimes we would fly from Vancouver and sometimes we would drive from Vancouver, never any problems, until shortly after 9/11 when we were crossing the land border into the USA and he was refused entry into the USA at the border due to the fact that he had been convicted of selling narcotics to an under cover police officer in Montreal some 15 years earlier and convicted of the crime. So apparently information between the two countries became much more intense after 9/11
Apr 13, 2011, 9:42 pm
#45
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Canada (or any other country) can make whatever rules they want re denying entry, it seems to me that rejecting someone for a DUI over 4 years old, with no intervening infractions is "overkill" IMHO.