DUI and getting into Canada

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Old Dec 31st 2014, 12:40 am
  #1  
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Default DUI and getting into Canada

A couple of years ago I was stupid and unlucky enough to get a DUI here in the States. It will not happen again believe me.
I want to visit friends in Canada and I know this will be extremely difficult. I have both a US and a UK Passport.
Any thoughts how I could visit?
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Old Dec 31st 2014, 12:43 am
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Default Re: DUI and getting into Canada

Having watched countless episodes of Border Security... no, you're inadmissible to Canada.

You can apply for a TRP in advance (12 months processing time), try for a TRP at the border (no chance unless it's some kind of emergency).

After 5 years from completion of the sentence you can apply for permanent rehabilitation.

After 10 years from the completion of the sentence you may be eligible for deemed rehabilitation.

Last edited by Photoplex; Dec 31st 2014 at 1:09 am.
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Old Dec 31st 2014, 1:35 pm
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Default Re: DUI and getting into Canada

Would this still be the case if I used my UK Passport?
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Old Dec 31st 2014, 1:51 pm
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Default Re: DUI and getting into Canada

yes because you are still the same person
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Old Dec 31st 2014, 1:51 pm
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Default Re: DUI and getting into Canada

Originally Posted by Triumphrob
Would this still be the case if I used my UK Passport?
Yes. Using your British passport does not make your criminal conviction disappear. What it does do is show CBSA officers you're willing to commit a further criminal act to get into Canada. If you are caught trying to lie your way in you will be subjected to an exclusion order from Canada. I believe you can also be detained and charged but this probably quite unlikely except in exceptional circumstances.

In all likelihood they will run your details in the system and a match will come out from the U.S. database. At which point they'll want to see more ID, showing your address. And yes, they can look through your wallet and all belongings.

Last edited by Photoplex; Dec 31st 2014 at 2:41 pm.
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Old Dec 31st 2014, 4:22 pm
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Default Re: DUI and getting into Canada

They could visit you instead?
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Old Dec 31st 2014, 4:49 pm
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Default Re: DUI and getting into Canada

Wait 10 years and hope they are good friends?
Meet them on the US side of the border?

Overcome criminal convictions

https://help.cbp.gov/app/answers/det...h-dui-offenses

Last edited by Aviator; Dec 31st 2014 at 4:51 pm.
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Old Jan 1st 2015, 7:38 pm
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Default Re: DUI and getting into Canada

Originally Posted by Photoplex
Having watched countless episodes of Border You can apply for a TRP in advance (12 months processing time)
CIC website currently says 42 days for an application via New York:

Application Processing Times: Applications Processed Outside of Canada

I also note that you may not have to pay the 200 fee:

What is the new policy on criminal inadmissibility?
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Old Jan 1st 2015, 8:59 pm
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Default Re: DUI and getting into Canada

Thanks all. But surely going in on my UK passport should be legal? We are part of the same commonwealth? I use my UK passport when flying into the UK and use my US when flying out with no problem
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Old Jan 1st 2015, 9:14 pm
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Default Re: DUI and getting into Canada

Originally Posted by Triumphrob
Thanks all. But surely going in on my UK passport should be legal? We are part of the same commonwealth? I use my UK passport when flying into the UK and use my US when flying out with no problem
It doesn't matter which passport you use you are inadmissible into Canada.
Being part of the commonwealth has nothing to do with it.
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Old Jan 1st 2015, 9:14 pm
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Default Re: DUI and getting into Canada

Originally Posted by Triumphrob
Thanks all. But surely going in on my UK passport should be legal? We are part of the same commonwealth? I use my UK passport when flying into the UK and use my US when flying out with no problem
The commonwealth means nothing when it comes to criminal inadmissibility.

A quick look at the CIC website will tell you that a DUI of less than 5 yrs old makes you inadmissible to Canada, regardless of your citizenship or what passport you use.

Your options have been outlined above, good luck.

Last edited by christmasoompa; Jan 1st 2015 at 9:25 pm.
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Old Jan 1st 2015, 9:17 pm
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Default Re: DUI and getting into Canada

Originally Posted by Photoplex
Yes. Using your British passport does not make your criminal conviction disappear. What it does do is show CBSA officers you're willing to commit a further criminal act to get into Canada. If you are caught trying to lie your way in you will be subjected to an exclusion order from Canada. I believe you can also be detained and charged but this probably quite unlikely except in exceptional circumstances.

In all likelihood they will run your details in the system and a match will come out from the U.S. database. At which point they'll want to see more ID, showing your address. And yes, they can look through your wallet and all belongings.
Using a UK passport instead of a US one is not a "further criminal act". It is perfectly legal to use either passport, but correct he is inadmissible on both passports. I would go with applying for the waiver of indadmissibility and if applicable a visit visa for Canada.
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Old Jan 1st 2015, 9:34 pm
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Default Re: DUI and getting into Canada

Originally Posted by Gozit
Using a UK passport instead of a US one is not a "further criminal act". It is perfectly legal to use either passport, but correct he is inadmissible on both passports. I would go with applying for the waiver of indadmissibility and if applicable a visit visa for Canada.
Using a different passport with the express intent of evading immigration laws is a criminal offence.
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Old Jan 1st 2015, 9:37 pm
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Default Re: DUI and getting into Canada

Originally Posted by Triumphrob
Thanks all. But surely going in on my UK passport should be legal? We are part of the same commonwealth? I use my UK passport when flying into the UK and use my US when flying out with no problem
As others have stated repeatedly... you, as a person, have a criminal history.

Your passport just proves who you claim to be.
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Old Jan 1st 2015, 10:15 pm
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Default Re: DUI and getting into Canada

The extra point to make is that the US and Canada share data on criminal convictions. Your DUI will be visible to the border agent regardless of which passport you use. Seriously, just apply for the TRP. Unless you haven't shared some other vital information it sounds like you'd have a pretty good chance of getting it and it'll only take a couple of months.
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