Banned from Canada – Driving Under the Influence
Entering Canada may be a challenge after being charged with a DUI offense whether you want to visit for businesses purposes or for pleasure…
To find out why it is difficult to enter Canada with a DUI, we ran though the basics at http://www.duicanadaentry.com/criminal-inadmissibility-canada/ and http://www.cicnews.com/2014/05/entering-canada-dui-conviction-053391.html with a leading Canadian lawyer.
It seems that accessing Canada with a previous DUI conviction, is possible – however it is a challenge.
There are several options available to those who have been deemed inadmissible to enter Canada. It is not easy to know how to address the issue by yourself.
When looking for a solution to the inadmissibility problem, there are various things to consider. They include:
The type of offense
- The number of times the offense has been committed
- The severity of the offense (this is usually measured by how severe the offense would be according to Canadian drinking laws even though the offense may have been committed outside the country)
- If and when you completed your sentence
To determine what options may be available to you based on your situation, visit http://www.duicanadaentry.com/criminal-inadmissibility-canada/ Various options available include criminal rehabilitation, temporary resident permit, deemed rehabilitation and record suspensions. All the options are good but the one you choose should address your situation since they are used in different situations.
Legal Opinion Letter
Some individuals can be charged for a crime but they may not be convicted. A legal opinion letter would be a good option for such persons although they is no formal process required for such to enter Canada. It would be wise to have the letter in order to explain why the crime you were charged for does not make you inadmissible to enter Canada. This will prevent any problems arising in future when trying to enter Canada.
This option is suitable for offenders who committed a crime outside Canada and completed their sentence. More than 5 years must have passed since completion of the sentence.
When applying for a criminal rehabilitation, you must give detailed information regarding the offense. Information such as events leading to the conviction and circumstances of the crime should be given. Additionally, you must also convince the immigration office that they will not pose any threat to the people of Canada by committing additional crimes and that you are fully rehabilitated. All the information you provide must be true. Otherwise, you may fall to get the criminal rehabilitation.
Once criminal rehabilitation has been granted, the inadmissibility issue will be permanently resolved hence you will be allowed to enter Canada at any time from that point onwards. If you commit another crime after getting the criminal rehabilitation you will have to plead your case again as the previously granted criminal rehabilitation will be invalid. This is a permanent option provided you are not convicted of any other crimes.
If you have only one conviction and more than 10 years have passed since completing your sentence, this option may be the best for you. Since a lot of time has passed by, you may not need to apply for a criminal rehabilitation in order to enter Canada, you are automatically deemed rehabilitated.
Temporary Resident Permit (TRP)
Some individuals commit a crime outside Canada and receive a sentence. If less than 5 years have passed since they complete their sentence entirely, they will need to apply for a Temporary Resident Permit in order to gain entry into Canada.
A very good reason to enter Canada will be required for you to be granted the temporary resident permit. In most cases, those travelling due to family emergencies or for business purposes have their applications approved. The permit is only granted for a specific period of time hence you will remain inadmissible to enter Canada once the permit expires. It is thus a temporary solution. Multiple visits can be made to Canada during the time the permit is valid. In some cases, you can apply for this permit at the port of entry or at the border especially in cases of family emergencies.
Record suspension is an option available to those who committed a crime in Canada. Before applying for the Record Suspension, you will have to wait for 5 years after completing your sentence in cases of summary offenses. For indictable offenses, you have to wait 10 years after completing your sentence in order to apply for the Record Suspension. Criminals such as sex offenders may not be qualified to apply for the suspension.
The suspension may be granted but that does not mean your criminal history will be erased. Furthermore, you may still be deemed criminally inadmissible in other countries apart from Canada. The suspension does not protect you from that.
For a Record Suspension to be granted, you must be state how you think your suspension will help you maintain your rehabilitation in the society as an obedient citizen and also why it would benefit you. All the information given must be true to reduce the risk of your application being rejected. This option is a permanent solution and is almost similar to criminal rehabilitation.
There different application processes are used for different situations but it is possible to apply for more than one option depending on your situation. It is even possible for one to apply for a Temporary Resident Permit, a Record Suspension and a Criminal Rehabilitation all at once.
Hire a Canadian Immigration Lawyer
Is it really necessary to do this? Yes it is. An immigration lawyer can be able to access your situation and advice you on the best option for you. The lawyer can also help your to fill out the application in the required manner so that no important information is left out or the wrong information is submitted. An immigration lawyer also probably has experience in dealing with cases such as your own and is in the best position to advice you on what to do while filling out your application and if you can fill more than one. This will increase your chances of getting your Canada entry application approved.
One thing you can do even before hiring the services of a lawyer is to go through your history to determine if there is any other criminal record you have or any vital information you would need to include in the application process. That concludes our write-up on the difficulties we faced with previous DUI offenses, and I hope the information helps others travel around the world whilst enjoying the benefits of alcohol in a safe way.
Let us know your thoughts…