Cruising with a DUI

[Wadekind]

Say you don't say anything to DCL and you don't get off in Canada. What could happen? Does DCL do background checks on all the passengers before they sail?

 

[bibbidibobbidibecky]

You should be fine since you are getting on in th US. On the med cruise it's not like your passport was checked at each new country..l you don't go through customs or anything like when crossing the border, so I don't see how anyone would be denied entry.

Also, my nephew was headed into Canada this summer and one of the people the was traveling with was worried for this same reason but they were going to let him in because he was very forthcoming about it. Something else got him denied.

 

[Duhey2]

Say you don't say anything to DCL and you don't get off in Canada. What could happen? Does DCL do background checks on all the passengers before they sail?

They may have to transmit the passenger manifest to the Canadian authorities ahead of time and that could result in denied boarding.

This is a tough one. Normally entry into Canada is a glance at your ID and a "have a nice day" but you never know. Ever since I moved to Texas, I've always been questioned about gun ownership and if I was carrying weapons upon entry into Canada. I even got referred to secondary screening once in Windsor, ON. Considering my mother is Acadian, I consider it my birthright to enter Canada.

 

[GatorMomInNC]

Slightly off topic, but it reminds me of something I saw on a cruise once out of Florida. There were some police cars at the port when we docked at our first stop, and at the end of the day we noticed that there was a man with his luggage that stayed behind on the dock as our ship departed.

That night I was sitting at the computer accessing the internet and started talking to the young man next to me. Turns out he was celebrating his 21st birthday and was on a cruise with his boyfriend, boyfriend's father, and several other friends. His boyfriend had had a DUI several months earlier and completed all of his court ordered service, etc a couple months before they sailed. He kept calling his probation officer to confirm that everything had been recorded with the courts and that he was free to travel out of the country, and the PO said he would take care of it... BUT apparently the PO forgot, because after this man boarded customs got a hit back on his passport that he wasn't supposed to be traveling out of the country, so they contacted the cruise line and issued a bench warrant to have him arrested at the dock at the first stop. He spent the whole time the ship was at the port trying to get it resolved but couldn't, so his father got off the ship right before we took off to stay with him. Apparently within an hour of sailing they straightened it out and he was released, but by then he and his father were off the cruise!

 

[Bill Seattle]

The rule is mostly about money. If they catch you trying to enter with a DUI they can give you some hefty fines and makes money for them. I have been asked if I have ever had a DUI when entering Canada and I never have but even if I had I dont think I would be honest. A DUI is considered a felony criminal offen"c"e in Canada but not in the US.

 

[cyclenut]

Tough one to be sure, but I'm curious. Where did you hear he would not be allowed to board? Was it from someplace official? You really need to check with either the US Embassy or the Department of Homeland Security, border patrol.

As most have pointed out, this is about Canada and they are pretty strict. There are reported cases of people being denied entry for very old things, but those reports are isolated and from the media, so it is hard to get good information from the Internet about it.

You said you called an agency in Canada and were told you'd be fine. Do you not believe this? Given the circumstances and the time you have, I'm not sure you'll get anything in writing from anyone.

If you are really concerned, then contact an immigration attorney that specializes in Canadian immigration. You'll have to pay, but you'll get a clear answer.

 

[TitanBrett]

Between disboards, cruisecritic and all the other myriad websites this seems like something that would be well known and documented. There are thousands of people taking these types of cruises annually and no stories of someone being denied boarding?

Heck, carnival cruises these routes and figure half of those pax have past dui's or other felonies

 

[mellers]

We are supposed to be cruising in May to Alaska out of Seattle and back to Seattle. I have just learned in the last week that my dh who has a dui from 10 years ago may be denied boarding in Seattle. Has anyone had any experience with this? We don't have enough time to apply for anything as we have less than 100 days.
Very confused

He will, almost certainly, not be able to go. DUIs are felonies in Canada, and they deny anyone entry who has been convicted of a DUI--all of the ferries to Canada warn about this. Canada is very strict about drunk driving laws. I'm very sorry.

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp

 

[dennisbryce]

Thank you to everyone who has shared there advice with us.
We have to make a hard decision..chance going and losing all the money we spent, or reschedule to another cruise, apply for the rehabilitaion for dh, and go next year.
It is unfortunate that no one can give a straight answer. I wish I could post all the phone numbers that I have called and time I have spent trying to talk to someone who would know. I did talk to someone at one of the numbers at the Canadian consulate but he said he did not think it would be a problem but to send an e-mail to another address. I have sent 2 emails and nothing.
Again thank you for all your help

 

[Mom323]

Wow, they sure don't make it easy to follow. Hope this helps others looking for info.

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp

What is the new policy on criminal inadmissibility?

Normally, if you have been convicted of an offence, such as mischief or driving under the influence, you cannot enter Canada without a permit that has a processing fee of C$200. However, in line with Canada’s Federal Tourism Strategy, Citizenship and Immigration Canada and the Canada Border Services Agency may now make it easier for you to enter Canada.

Starting March 1, 2012, you may be able to get a temporary resident permit for one visit without having to pay the C$200 processing fee. To be considered under this policy, you must
•have served no jail time, and
•have committed no other acts that would prevent you from entering Canada.


Who is eligible under the new policy on criminal inadmissibility?

You may be eligible for the fee waiver if you:
•have been convicted of an eligible offence (or its equivalent in foreign law);
•have served no jail time;
•have committed no other acts that would prevent you from entering Canada; and
•are not inadmissible for any other reason.

What types of convictions are eligible for the fee waiver under the new policy?

Eligible convictions include those equivalent to criminal offences under the Immigration and Refugee Protection Act (IRPA), Section 36(2).

The equivalent convictions vary from country to country. Among others, they include:
•driving under the influence of alcohol;
•public mischief; or
•shoplifting.

All serious criminal offences, defined under Section 36(1) of IRPA, are not eligible. Among others, they include:
•robbery;
•fraud over C$5000; or
•assault causing bodily harm.

This application is for people who need a temporary resident visa (TRV) to visit Canada for a temporary purpose such as tourism, visiting family or friends, or business trips.
http://www.cic.gc.ca/english/information/applications/visa.asp

 

[Duhey2]

Wow...Mom323's there in the nick of time.

Funny how tourism is the driver (no pun intended) for allowing for a waiver. I wonder if that's once per lifetime or once a year.

 

[Mom323]

There's more
http://www.cic.gc.ca/english/visit/conviction.asp


Overcoming criminal inadmissibility

This information is intended for general guidance and reference only. A legal decision on your inadmissibility can only be made at the time you seek entry into Canada either through an application or at a port of entry.

Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if
•you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or
•you have applied for rehabilitation and your application has been approved; or
•you have obtained a pardon; or
•you have obtained a temporary resident permit.

Deemed rehabilitation

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.

Individual rehabilitation

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity.

If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for “deemed rehabilitation,” you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area and pay a processing fee.

Please note: Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

Pardon or discharge

If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website. If you received a Canadian pardon for your conviction, you may be allowed to enter Canada.

If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.

Temporary resident permit

If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada.

Temporary resident visa or
Permanent resident visa

If you are applying for a temporary resident visa or a permanent resident visa, you will have to provide details of your criminal history in your visa application. In cases where you have been declared criminally inadmissible, you may apply for rehabilitation if the required five years have elapsed since your conviction.

Read the Frequently Asked Questions for more information on criminal inadmissibility.

 

[Mom323]

Wow...Mom323's there in the nick of time.

Funny how tourism is the driver (no pun intended) for allowing for a waiver. I wonder if that's once per lifetime or once a year.

Makes me glad we don't have any issues to worry about. I was checking a thread at Cruise Critic, http://boards.cruisecritic.com/showthread.php?t=1508527, they mention something called a ministers permit. But this is from October 2011 and it looks like the New info on the Canadian site states March 1st new procedures are in place.

 

[Melcatfish]

He will, almost certainly, not be able to go. DUIs are felonies in Canada, and they deny anyone entry who has been convicted of a DUI--all of the ferries to Canada warn about this. Canada is very strict about drunk driving laws. I'm very sorry.

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp

The section on the website mellors linked to refers to deemed rehabilitation if 10 years has passed. Before you make any decisions I would thoroughly read that site.

Mel
x

 

[mellers]

The section on the website mellers linked to refers to deemed rehabilitation if 10 years has passed. Before you make any decisions I would thoroughly read that site.

Mel
x

Thank you for catching that--I didn't.

 

[sayhello]

The one thing I want to point out here is that everything posted today says "may qualify" or "may be deemed". None of it says you absolutely will. It's definitely encouraging, but not a guarantee. Personally, I'd still be worried until I had something in writing saying it's OK.

Sayhello

 

[Mom323]

The one thing I want to point out here is that everything posted today says "may qualify" or "may be deemed". None of it says you absolutely will. It's definitely encouraging, but not a guarantee. Personally, I'd still be worried until I had something in writing saying it's OK.

Sayhello

Good point. Also, it's not just DUI's but other convictions as well. Bottom line is, if you've been found guilty of something in the U.S. you may be inadmissible to Canada.

 

[pixie08]

Unless it's been sealed?

 

[Mom323]

Unless it's been sealed?

I would check with your state. Sometimes being sealed only means it is sealed from public record. It is still part of your record and could still be accessed for official use.

 

[MCourtney]

Heck, carnival cruises these routes and figure half of those pax have past dui's or other felonies