Criminal Convictions and Crossing Canada's Border
I get a lot of questions about crossing the Canadian border after having been convicted of a criminal offence. Such offences range from drunk driving, drug possession to assault and worse.
No matter how minor (or major) your criminal conviction, chances are you won't be allowed across the border without first making application for a temporary resident permit. Don't try to lie at the border and claim you do not have a conviction -- CIC officers do have access to criminal databases and if you are discovered you will be banned from Canada for at least 2 years, possibly longer.
In making an application for a temporary resident permit, the overriding question in a CIC officer's mind is this: Do you pose a threat to Canada or her citizens? Although CIC has policy guidance, this is somewhat subjective. It is probably best to consult a lawyer to devise a strategy that maximizes your chance of success.
posted by Gianpaolo Panusa (Click to Email) @ 8:28 PM
68 Comments
68 Comments:
I am a barrister working in NZ. NZ and Irish citizen. I face a drink driving charge for failing an officer's request for blood. I want to move to work in Canada. Is there any impediment to me travelling to and working in Canada if I am convicted?
Yes, if you are convicted there you won't likely be able to travel to Canada. However, there are some complicating factors, as I believe that some NZ drink driving laws are different for individuals under certain ages. If this is the case, you may have options. Feel free to contact me by email to discuss.
What about a case where an individual was put in a police station cell overnight for been drunk on the streets? No charges were made, but there would still be record would there not?
I am an American who frequently visits Canada and live for part of the year with my girlfriend (and wife-to-be) in Canada. I am in Canada now.
I had simple misdemeanor DUI conviction in the US in 2005.
Since then I have entered Canada six or more times. Twice, after a computer check, they allowed me to enter. Once after I told them ALL about the conviction.
I have retained a lawyer and have begun to gather the material I will need for a Temporary Resident Permit. My Canadian attorney advises me against coming and going without getting the Permit but others say that if they run you passport and not interested in questioning you further, just go with it.
Why are they being so accommodating with me. Do I have some advantage of which I am not aware.
How much can they tell from the computer check. What database are they drawing and what do the actually see when the "run" my name through the system.
CCC
I migrated to NZ last year. I am now looking to move permanently to Canada. I commited a crime a few years back, was taken to court and given 'absolute discharge' should this be disclosed as a 'conviction'. It remains on my police file.
Yes, you should disclose it, but also make it clear that you obtained an absolute discharge and provide solid evidence of the discharge. If you don't disclose it you run the risk of a misrepresentation, which is not good.
I am an American citizen, had a DWI back in '95, reduced to Reckless Driving, paid my fine and have kept my nose clean ever since. I submitted an application back in November for "Rehabilitation" to the Canadian Embassy in Rome (since I now live in Italy), and haven't heard back anything yet. My question is, since my DWI was over ten years ago, can I still have problems entering Canada?
Yes, you may still have problems entering Canada if you haven't heard back from CIC yet.
We are panning a family vacation to Ontario in July. In Dec. my husband was ticketed for DUI. He has not yet been convicted. His court date is in November. Meanwhile our trip is in July. I am driving, not my husband. The car is not the car he was driving when he was ticketed. We will be showing all of our passports at the crossing. Will there be a problem at the border?
Thanks for the advice.
Just wanted to post an update on my DWI/Application for Rehabilitation case with the Canadian Embassy in Rome. My only problem with the process was the amount of time it took for them to begin processing my application. Over six months. Otherwise no problems. They started processing my application last Wednesday and yesterday the Embassy emailed me to let me know that my application had been approved. I am now considered rehabilitated. YEAH!!!!
I was chaged with a Petty theft but dropped to tress pass conviction byt he court in US. I want to immigrate to Canada, can I still immigrate to Canada with this misdemeanor charge about 7 yesrs ago. I never went to jail, it was reseolved with the City attorney wioth 3 years probation and fine. It happened in 2000 like 7 years ago. Please email or send a reply.
Greetings from New England, I was pulled over in Boston, MA for a DUI 6 months ago. In court I was found "contiuned without a finding" and wasn't convicted of the crime. After 1 year it will come off my reccord, can I travel into Canada? I was planning on visiting a friend in 6 weeks.
I have booked an expensive 1 week ski holiday in Canada. And have a Drink Driving conviction coupled with Driving without Due Care from 9 years ago, and to top it off a Dui from 6 years back. What are my chances of passing the gates? I'm flying in to Vancouver from UK. Please help...
I would guess your chances of crossing at the border are not good with 2 previous convictions. Although the border can process TRP's, they often ask you to apply at the appropriate visa office, so there is a good chance your travel plans may be scuttled.
I have paid for a Caribou Hunting trip in Canada $2500 and am suppos to leave around the end of November (5 weeks). I have a conviction of Unlawful issuance of a bank check over $25 which is a misdemeanor back in 2004. Everything was taken care of but will I get across for my hunt?
I have 4 dwi. Can I apply for a visa ?
I have recently been convicted of a Dwi in canada I was wondering if it is still possible to obtain a passport and travel to other countries. This is a warning to all those who drink and drive don't do it just call a cab because the consequences are much worse then a $100 fare I have already paid over $6000 and had no choice but to make a guilty plea I had my life put on hold for two years just to find out I have another 3 to 5 years before I can even apply for a pardon and lets not forget the year suspension and thousands of extra dollars a year i will have to pay to get insurance provided I can find someone to even insure me by the way I blew .9 and I slept prior to driving
What are the consequences for a foreign university student who is found guilty of a DUI in Canada? Will I be able to renew my student visa or re-enter the Canada if I go home for a visit?
Does anybody Know of more lenient ports of entry onto Canada? Also, what are some "compelling reasons" to travel to Canada?
in 1990 i was arrested trying to get into the US with fake documents and they took my finger prints and they deported me back to mexico. Few years later (3) i applied for an american tourist visa and they gave it to me for 10 years. Such tourist visa expired on november 2003. I wonder if such event would work against me if i apply for a canadian work permit
Yes, it can work against you but it should be pretty easy to overcome, depending on the exact nature of the charge and deportation order.
Can you get the Application for Rehabilitation approved at a border crossing? We have everything ready to submit to the Consulate but with the one year wait we are wondering if there is a faster route since it is holding up the Application for Permanent Residency. The conviction is for a DUI(Hawaii) that occurred in 2001.
Technically you can make a rehabilitation application at the border, however, in my experience border officers are pretty reluctant to make the decisions and refer you to a consulate in most cases.
I am a uk resident and was convicted of attempting to drive under the influence
I lost my licence for 1 year from oct 06 to oct 07.
I have also had a few domestic charges over 5 years ago.
Does an attempting to drive charge have the same consequences?
im getting sick to my stomach worrying, I have a 3 hour meeting scheduled in Toronto in a week, there's not time to wait for a waiver, and I have a possession charge in 2002. This meeting is so important!! Is there a chance they won't run a background check, can you try again if turned away?? and lastly is a train easier than driving.
I received a DWI over two years ago and now I may have to be traveling to Canada for work. How do I get permission to go to Canada for work. Is that something that you let me do. Can anybody help me find the forms or who I should try and contact
I have a drink driving conviction in the UK from November 07, my sentence was 12months but has been reduced to 9 months as i have taken part the the Reform programme. I plan to travel to Canada to do a ski season and will need to be doing some form of work to pay my way along (I am currently a student). What would be the best option for me to take, who do I need to speak to and what documentation will I need to provide. Although I have a British passport and go to university in England, I have been a Portuguese resident since I was born. Any assistance will be greatly appreciated.
Hi, my girlfriend is Canadian and I am English, we both currently live in the U.K . My girlfriend wants to return home to live in Canada soon and I would like to move with her. She will sponsor me and we would live temporarily at her Mothers house which is not a problem. I have been to visit twice now, for 3 weeks and 4 weeks and had no problem entering Canada, I do have however 2 convictions in the uk,firstly drink driving on 23/03/98 for which I was banned from driving for 12 months and fined.The second was Wounding which I pleaded guilty to on 09/06/97 for which I recieved a sentence of 9 months imprisonment wholly suspended for 2 years. At no point did I go to prison. Having recieved a copy of my criminal record it also shows a charge of Manslaughter which was dropped/left on file and I never recieved a conviction or sentence. There were factors in the case that obviously are not shown on my record ,ie. that the case arose from my assisting an old man being beaten up who then fell and banged his head after I had left him to make sure his attacker was not going to attemtp to harm him further. What impact will this have on my/our application to live in Canada? In all cases at least ten years have passed so am I classed as rehabilitated? Can i do anything to prove rehabilitation or that the fact that the case arose from my trying to assist someone? Thanks, hope you can help
Hi!
I am a permanent resident of Canada. I would like to sponsor my parents.
My problem is, my father was convicted and deported from USA almost ten years ago. He later applied for refugee in Canada which was also refused and he was deported from there as well in 2005.
I would like to know, can I still sponsor my parents in Canada? What do I need to do before filing for his Canadian sponsorship along with my mother??????????????????????????????????
waiting for your reply!
Hi
I had a misdemeanor charge ( Petty theft) back in 97 which was dismissed by the CA Courth. What happened was me and a friend of mine went to do some shopping at sears after little while he came back with some stuff and gave it to me and told me to hold on while he goes to the bathroom. When I got done with my shopping I called him to find out where he is so he told me that he is in the parking lot smoking and wanted me to come out side when I am done I didnt doubt him because he was a very good family friend when i got out of the store, store security arrested me and police came and took me to the station and took my finger prints and let me go. I pleaded not guilty and DA told my public defender that he will review the tape and let me know. At the end DA dropped the case and dismissed the charges.
Now CIC is asking me for an explaination and Police certificate. Do you thik it will be a problem for me gettinmg me skilled worker immigration??
Hi,
My husband and I are keen to move to Canada, but he has a conviction for acquisition and possession of firearms. It relates to a mistake in which he stepped over an unmarked boundary while on exercise in the military and was reported by a civilian. He received a £60 fine and 3 months probation. Being over 5 years ago, the conviction is now spent under UK law, but will it still affect his ability to enter the country/move to Canada? Could he apply for rehabilitation?
Thanks for your help.
I was convicted of a drug offence and deported from the u.s when i was very young and it was over ten years ago.Do i still stand a chance of coming to canada as a visitor?
Hello,
can anyone tell me what to do.Im planning to visit my friend in canada this year but i have a problem i was convicted for misdeamenor 5/30/02.Misdeamenor of 4th degree i was in a car accident and my friend die the county charge me for driving with no insurance on that time can i still enter canada please help me
Hello:
I have two convictions, first was in 1998, but can be dismissed. Second conviction was a misdemeanor in 2004. Before the second conviction, I contacted the Canadian Embassy to find out if I was eligible for citizenship, being that I am a second-generation Canadian-American, I was told that I was not. I only found out later that citizenship was not retroactive, and that I was born in 1975 when Canada did not allow dual citizenship.
If I get the first charge dismissed, can I then be eligible for immigration to Canada. The second charge was in 2004, and the probation which was 11 months and 29 days ended in Sept 2005. I am studying and plan on finishing my degree in the states first, by then the end of my sentence should be about 7 to 10 years old. Thank you for reading this message and have a nice day.
I HAD A DWI BACK IN 2002 WITCH NOW IT IS 6/20/08 I SPENT 8 DAYS IN JAIL AND HAD A FINE MY DAD AND I WILL BE DRIVING OUR CARS TO THE US MINNESOTA FOR GOOD WE ARE MOVING DOWN THERE WHAT WILL I NEED TO DO TO DRIVE THROUGH CANADA PLEASE LET ME KNOW FOR WE WILL BE LEAVING IN A MONTH THANK YOU
As an English passport holder living in England, I wish to visit Canada for a holiday. I was convicted of GBH in 2003, served my sentence, when does this conviction stop affecting my ability to visit Canada or the USA.
Hi everybody i'm a canadian resident and I just send the application to sponsor my parents who are living in USA, the thing is that my father got a DUI (Driving Under the Influence of Alcohol) last year he went over that fine, but I'm wondering if that affects the sponsorship Process?
Does somebody knows about that?
I'll appreciate any information, Thank You!
Hi
I am about to become a student nurse with the hopes of immigrating in fives yrs time to alberta from England. the problem is my husband will be 48yrs old and has no trade to offer but is able to work. Also he has a criminal record of which he served one year custodial for theft, when we go it will be over 16yrs since he was in prison and he has done nothing wrong since. Apart from a caution which I believe you do not need to declare as it disapears after five years.
Please advise me if you think he will have any problems.
many Thanks
Hi, I am a UK citizen but would love more than anything to move to Vancouver permanently, unfortunately, I do not seem to have enough points for a skilled visa and because I am banned for drink driving, have been told I would not be eligible for a working holiday visa. Is there anything I can do?
I don't get it. Is it Canadian law that anyone that has had a dui, Wet reckless, or felony can not enter to visit or become a citizen of Canada?
I have the following charges on my record. I found out several days that i was supposed to be get clearance to enter Canada, however I have the following charges.
1978 driving with suspended license
1978 criminal trespass
1979 two counts 1st degree robbery
1990 4th degree assault
I am a professional speaker that uses his past to encourage students not to take the pathway that i did so many years ago. I was scheduled to be a keynote speaker to 400 Canadian youth on November 1st, and just found out that because of my past I might not be able to cross the border.
I know there are several options deemed rehabilitation, streemlined rehabilitation, individual rehabilitation and TRP from what I have been reading, though because of the number of offenses I don't know which i am not qualified for. I have been researching this all week and gathering documents, sent out for my State and FBI Certificates, went to the courthouse and the documents for the 1979 robbery conviction which was later dismissed in 2002 by a Superior Court Judge, and for the 1990 case. While at the courthouse I found a positive letter from my psychiatric social worker and prison counselor and documents from when I attended school.
I am waiting to hear back from the counties with the two 1978 cases to get final disposition or letters stating that they were destroyed. I can provide more than adequate number of reference letters from government agencies, schools, youth groups, parents, students, and you name it that I have received over the years plus a number of awards and certificates of appreciation.
I am going to take my chances at a port since due to time frame, no other option is available. What do you think?
Thank you,
Dennis
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I am a canadian citizen and my boyfriend and husband to be is currently an irish citizen living in australia..hes working illegally at the moment trying to pay for his ticket home to ireland. he was recently arrested for possession of marijuana will this affect his chances of coming to canada to marry me?
my mum was raised in canada from the age of 12, where she had myself and 3 sisters. we moved to the u.k in 1973. she has re-married and has now finally retired. Her and my step dad want to emmigrate to canada and spend the rest of their years with the family, but he has a conviction of assult stemming back nearly 30years ago. he is now 67years old and has many ailments. on their application form for residancy, should he declare this conviction as here in the u.k they are classed as spent (expired)my sister is going to sponser my parents and we are concerned this will effect her. Please respond asap. Many thanks.
If a Canadian left Canada while serving a 1-year probationary sentence, can he he/she re-enter the country (a year later) with a valid Drivers License and Birth Certificate? Would he/she be denied entry?
A friend of mine was pulled over 12 months ago for a DUI, however, when she arrived at court, they had not certificate of offence by the police officer. She said she was told to go home and wait by the Clerk. 12 Months have passed, and she has heard anything from the courts. She is a Resident of Canada, but interested in Citizenship. Should she wait, apply, or seek some form of certificate to say that the charges have been dropped?
I'm an irish citizen living in the UK,I have a pending drug conviction
but I've not yet been charged.
Will this show up on my check?
Will I be able to enter Canada?
I have a friend who has been convicted of a sex offense and he is going to marry a canadian citizen to try to move to canada. Will they allow him in? He is on probation in the US for 10 years. They have also talked about having a baby, will this make a difference?
Hello! I have been going back and forth from Canada for a year as a US citizen. In November I got a DUI but have still been able to cross the border. I was just given a continued without a finding plea. Will I have a problem getting a visa? The charge will be dismissed in a year after probation. Probation is letting me go to Canada.
Hi
I was wondering if there was any chance of my significant other getting into canada to live and work. I am a canadian citizen and have been told that I could sponsor him into canada, but im not sure of the conditions, or if there are any loopholes around it. His convictons are new (dui,and battery). He is now on house arrest to make things worse. It would be great if you could get back to me.
thank you
HELP PLEASE!
Hi, i'm currently living in Maine. I’ve been dating someone who lives in Canada. I’ve been planning to move there in a few months, and now that I’ve looked into it, i'm not sure this is possible. I’ve been convicted of an OUI, and a few drug charges. Weapon and assault charges have been dropped so no felonies, just a few misdemeanors.
my question: is it possible for me to move to Canada? if so, what are the necessary steps i must go through to be able to move?
I have been arrested & released on DUI in Canada. My case is still in Court( not yet convicted). I want to go to US & be back. Do you see any problem crossing the border?
I was convicted of Importation of cocaine in the United States and sentenced to 3 years under the youthful offender act and was deported to Jamaica,after serving 2 years, on good behaviour. I was only 19 when I was sentenced. I finished serving my sentence in 1998. I have not gotten in trouble and have been gainfully employed since. My wife is now working in Canada and wants to apply for herself, myself and our 2 sons via provincial nomination program in British Columbia for permanent residence. Would it be possible for me to get permanent residence with this record? And if possible how would I go about doing this?
My husband has a felony conviction for embezzlement and currently on probation for 3 years. How would he apply for entrance to Canada?
I have a friend who is a Canadian citizen and got married to an Albanian, who was leaving in Greece at time. He lived there for 18yrs with papers, and then at some point he had a problem with his papers. He was detained by the police in 2002, and then again last year, and on his police certificate, it states that he has illegal entry to Greece. Although he was giving the ok to stay in Greece until his papers were sorted out in court, he had to leave back to Albania due to his mother falling ill 2months ago. His lawyer states that his case will just be dropped due to him leaving, but his police record will remain for a few yrs. Now my friend is back in Canada, and is applying to bring him back to Canada, as her spouse, but does not know if it will cause a problem, or if it equivalent to a crime here, and just for the record, most Albanians were illegally living in Greece for many yrs, until the government helped them acquire their status. He is a good and tax paying, abidding citizen with no prior convictions of any sort. He is not allowed to travel anywhere in Europe now for another 3or 4yrs. Will he be able to enter Canada, or will she have a problem getting him here, or his visa? Do they offer pardons for those matters, since he really hasn't committed a formidable crime. I'd also like to note that she was told(by many) to lie on their application and to say that he only lived in Albania, since he doesn't have a record there, and that they won't check the european community for his name, which in turn I advised her not to, but they so desperately want to be together she's confused and desperate. Help me help her. Thanks in advance.
Signed a friend
I am a canadian citizen and am planning on returning to canada in less than two months. My boyfriend (who's a new zealand citizen) will be coming home with me. However he has two dui convictions one when he was 17 and one when he was 20, he's now 22 what are his chances of gaining a work permit?
I am a permanent resident in Canada, got absolute discharge in 2006, now I am applying for citizenship this year. what are my chances in getting the citizenship? Please I need advise.
Quebec City
My son got caught trying to cross the border to Detroit. He has a record from a year ago for possession of marijuana.
Now he has to go back to Detroit for court, can he get a lawyer to go and represent him or will he have to go? And what are the possible charges that could happen? He is 24 years old
Iam a Canadian and was charged in Kentucky with menacing.
I argued back to the officer.
I paid the ticket of 450 dollars.
This should come under a misdemeanor.
What do I need to get into the U.S.A.
I was told a waiver, which seems like it could cost anywhere from 450 dollars to 1500 dollars and only be good for one year. This could also take up to a year to get.
I was also told just to go across the border and if they ask the question: "Have you ever been arrested" or: Have you ever been convicted of a criminal offence" to answer yes and then go in for the interview to see what I need.
Or should I go to the U.S.A. immigration department in Toronto and find out what I need.
Me and my fiancee have been dating for the past two years. I am a Canadian citizen living in Canada while he is a Croatian citizen living there.
In the past month, he has been charged with drug possession of 2 grams of marijuana and of holding 6 plants in his apartment. His trial has not yet begun, however he is looking at serious jail time because of the laws in his country.
We want to get married and to bring him over to Canada through a family sponsorship. What are our chances?
My father was arrested for DUI about 15 years ago, he's been sober for 14 years now. We live near the Canadian border, and he's never been to Canada, we are planning on going to Canada for a few hours, leaving early morning, coming back at night, what are his chances of getting into Canada. We'd rather not take the trip if chances are he won't be going.
This is Farhad Stanickzai working for FBC as an Admin/Procurement Manager Kabul - Afghanistan.
Since two years, I am trying to leave to Canada to work, visit the country, start import/export or work there.
I have hear, that you are the only one who can help in this matter.
I will be happy if you cooperate and support me.
Stanickzai
Im hoping to immigrate to Canada in the future but have received a criminal conviction for not having a train ticket...pretty minor offence but how will this affect my chances of in the future, ive heard that a conviction such as a court imposed fine can become spent after five years, would i then be able to travel to Canada
I have a misdemeanor possession of marijuanna conviction from 1999. I live in the seattle area and have been to and from Canada driving many times with no problems. I plan on attending the olympics this winter and wonder if I will have problems crossing. Any thoughts?
I have a misdemeanor possession of marijuanna conviction from 1999 in western washington and have crossed the border many times with no problems. I plan on going to the olympics this winter and wonder if anything has changed this year. Any thoughts?
I am a 19 year old born U.S. Citizen. I was wondering if it was possible to gain entrance into Canada for the weekend if i have a pending misdemeanor/felony charge on my record. I am not sure whether they are officialy on my record yet, i have not been convicted yet of the crime of breaking and entering but i am out on bond at the moment and was not sure if i needed any paper work to gain entrance for a 3 day weekend?
When I was around 18 in 1997 I was convicted of posession of cannabis with intent to supply (around 250grams). I was sentenced to a community service order which I completed. My only other offence was for drink driving around 2003. I have not been in any trouble since. What are my chances of being able to come and live and work in Canada.
Hi, I'm a Canadian citizen planning on marrying and sponsoring an American. He plead no contest to a DUI (misdemeanor in TX) in 2005 (actual arrest was late 04,) completed probation (2 years), paid fines, etc.
I know that he can't technically apply for "rehabilitation status" until 2012 (2007 + 5 yrs) but we've been looking into expunction (which can be done in TX and for which he is capable of requesting).
My question is this: While expunction clears your public record, is the US still obligated to share this information with the government in Canada if he applies for sponsored permanent residency?
Full disclosure: He came for xmas and honestly shared his conviction history when asked (of which there are no others) with border services, so could expunction not work anyway, given that he's on Canada's radar?
Ugh.
And thank you, in advance,
jujy.
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