Am I allowed in Canada ?

[Davechipp74]

Two weeks ago, I was bringing my mother to Newfoundland via flying from N.Y. however at a connection airport (Toronto) I was turned around by customs because of a DWI conviction in 2002 (my first and only arrest) it was explained to me I would have to obtain a travel visa at a cost of about $2,500 prior to my entry into Canada. My mother continued and I turned around back to N.Y.

Now i am bringing my mother on a cruise, the Gem out of N.Y. on Oct 1st witch has 2 ports of call in Canada. I was able to book it in my name with no problem. Will I be able to escort my mother and get off and back on the ship in Canada without a problem ?

Edited September 23, 2016 by DAVECHIPP1974

[mgfiest]

same deal bud... customs officer should revoke you from going into Canada.

[ColinIllinois]

Unfortunate. I'm not sure I would rely on internet lawyers here on CC. I would get in touch with Canadian authorities and ask them.

[triptolemus]

Were you honest with the officials when they asked about your criminal history? This is a huge factor that determines if they let you in or not.

 

Unfortunately, no one here can give you an answer. Only the CBSA can.

 

http://www.cic.gc.ca/english/infORmation/inadmissibility/index.asp

 

That said, I know plenty who have visited Canada via cruise ship with a similar history to yours without issue.

[Kamloops50]

Two weeks ago, I was bringing my mother to Newfoundland via flying from N.Y. however at a connection airport (Toronto) I was turned around by customs because of a DWI conviction in 2002 (my first and only arrest) it was explained to me I would have to obtain a travel visa at a cost of about $2,500 prior to my entry into Canada. My mother continued and I turned around back to N.Y.

Now i am bringing my mother on a cruise, the Gem out of N.Y. on Oct 1st witch has 2 ports of call in Canada. I was able to book it in my name with no problem. Will I be able to escort my mother and get off and back on the ship in Canada without a problem ?

 

as long as your not flying home from Canada your probably OK. I would withe Canadian Authorities. You could also try and get DWI conviction removed from your record. That might cheaper in the long run.

[roger001]

My brother, on a motorcycle trip to Alaska with others, had a DUI from 15 years previous. Canada turned him back.

 

However, on out two Alaska cruises, with a stop in Canada, we exited the ship, went downtown, and returned to the ship with only our room card. No passport checks as we entered Canada. So maybe cruise ship guests are considered prescreened or exempt. Don't know. This issue must happen fairly often.

Edited September 23, 2016 by roger001

[GUT2407]

Two weeks ago, I was bringing my mother to Newfoundland via flying from N.Y. however at a connection airport (Toronto) I was turned around by customs because of a DWI conviction in 2002 (my first and only arrest) it was explained to me I would have to obtain a travel visa at a cost of about $2,500 prior to my entry into Canada. My mother continued and I turned around back to N.Y.

Now i am bringing my mother on a cruise, the Gem out of N.Y. on Oct 1st witch has 2 ports of call in Canada. I was able to book it in my name with no problem. Will I be able to escort my mother and get off and back on the ship in Canada without a problem ?

 

I'd imagine immigration is immigration, so I'd say nope.

[triptolemus]

I'd imagine immigration is immigration, so I'd say nope.

 

Well, you'd be wrong.

 

Just the other day in Victoria, everyone pretty much waltzed right off the ship, through the immigration building and right into Canada without so much as a look from a CBSA officer. Granted, the ship is cleared.

 

But there was one group of Chinese (?) passengers who were being paged prior to the ship being cleared. It was pretty obvious that they had immigration issues which were holding up the clearance. In fact, on our way to the gangway, we stopped at GS to handle some business and could see their immigration form laying their on the desk behind the counter!

 

On they way back through the immigration building and on toward the ship, nobody checked for anything more than a ship card -- which I thought was bizarre and rather lax.

 

However, at the gangway landing onboard the ship, I overheard a CBSA officer speaking with security. The officer indicated that this gentleman here (standing with him) was not allowed to leave the ship and enter Canada. What was strange about this was that we were 30 minutes away from departure.

Edited September 23, 2016 by triptolemus

[francina]

we all had to go through customs while on the ship before the ship was cleared. it was fairly quick and I'm not sure if the forms ask for crime background.

 

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[darlene62]

as long as your not flying home from Canada your probably OK. I would withe Canadian Authorities. You could also try and get DWI conviction removed from your record. That might cheaper in the long run.

 

If it was me ...because of the world we live in now. I would reach out to customs and verify. Yes it could mean you are bringing attention to yourself, but nothing worse then having an issue and being unable to resolve it at the time. I would also keep with me copies of the correspondence if there was an issue, but even that might not help. I know that I almost had an issue prior to 9/11 where i was only required to travel with a B.C and I was almost refused passage because I had a county stamped B.C and not a state issued one (still confused on that one). It made for a very stressful time but thankfully resolved. Now the DWI issue....for many states having the DWI stricken is almost impossible and if from NYS I am almost positive that it will remain on your lifetime report forever for law enforcement and customs.

[NLH Arizona]

Found this information, this would be if your cruise started and ended in the United States:

 

Travelers may also be affected if their cruise itinerary incorporates visits to Canadian ports. Canadian immigration officers may not allow inadmissible individuals to come ashore onto Canadian destinations

[Jane Don]

It could go both ways.

 

Immigration Lawyer take:

 

https://www.canadianimmigration.com/cruise-lines-criminal-inadmissibility-canada/

 

I am citizen of and have lived and worked in both countries. I have often had American friends unable to visit me in Canada for DUI - even if it was in the 70s. And it works both ways.

 

In my opinion, it comes down to who is responsible for checking the manifest 'flags'. Do you have a common name? That would help. Also, because you were denied so recently, there is a good chance it has not yet filtered through the entire system. Canada is in the midst of a major governmental information technology breakdown. The good news is that even in the worst case, you just do not get to visit Canadian ports.

 

If I were you, I would explain the situation to mom and ensure that she has well laid plans for Canadian ports. I would try to get off the boat like I belonged there and hope for the best, forced to deal with the humiliation should I be denied. It is still a really pretty cruise. You stay on the boat and enjoy your UBP and lack of a crowd.

 

You could apply for the rehabilitation. I know people who have been regularly admitted while in process (bring your paperwork but do not offer it unless denied). If you file it yourself it is less than a thousand Canadian pesos.

 

On an interesting side note, 2 Canadians, one of whom is a well-known journalist have recently been banned from entering the US. They both, when asked, admitted to smoking pot recreationally once in their lives. This has Canadian Border Guards' hair up. And Toronto is the meanest. Out east people are much more friendly and accommodating. They want you to spend money there.

 

So whether you cancel, go and do not disembark in Canada, try to get in, or apply for the pardon is up to you. Good luck.

[casofilia]

I would talk with Canadian Immigration. As most countries are now connected electronically if Canada scans your passport it will be flagged as you have previously been refused entry.

[AdoraBelle]

I've followed this topic somewhat regularly due to a loved one with a DUI. An answer I've seen repeatedly is that even if you try to call ahead of time, you will get a different answer depending on who you talk to.

 

If one has money, it seems like trying to get things expunged is the way to go.

[bbryan5]

Unfortunately sometimes ones actions come back to bite them.

[BirdTravels]

We were on two cruises recently that had Canadian ports of call. Everyone filled out Canadian customs forms.

 

Canadian immigration were on the ships screening passengers. We assumed that this was checks of foreign passengers that required Visas to enter Canada.

[LarissaRose]

I always heard it was 10 years from when you got a DUI to when you could enter Canada. Probably just depends on the customs agent you get. I've known people who've gotten in without a problem (when flying) who have had a DUI within 10 years though and others who were turned away (when driving). Really no way to know if you'll run into a problem unfortunately :-/

[westcoastman]

I think there could be a problem because you were denied entry just two weeks ago. Canada concerns themselves with felons trying to enter the country and DUI is considered a felony there. However, I believe it's mostly a big money maker for them.

The problem is not when you specifically walk off the ship but when they clear the ship before arrival. They will call out a dozen or so people that have some sort of problem they need to clear up but typically they always have foreign sounding names.

At least it sounds like you may have the option of staying onboard but it could go either way in my opinion as to whether they care as it is a just a cruise day trip and you are a US citizen.

[sea_loving_couple]

That's a tricky situation. Its a tough one. It sounds like worst case scenario is they won't let you come ashore but you can stay onboard for the stopover.

 

I would maybe call the cruise line first, then call canadian customs. The borders between can/us both sides are becoming very strict. I recently got denied entry to US for business trips and when I went on a personal vacation they immediately flagged me and searched my bags for work related items. I had to produce my cruise itinerary etc before they let me pass. I had to Fill out proper NAFTA forms before I could reenter. Even still they flag me. Toronto is tough. I have also been screened coming into canada and im a citizen of the country.

 

I would say this:

 

Since you were denied they have a record and it may not be smooth sailing.

 

I would call the cruise lines and ask what the rules are they probably know.

 

Then call canadian border patrol, they may be able to resolve it or give you a clear answer. Problem is this does not garuntee entry as each officer is different.

 

There might be a provision when crossing with cruise ships that make disembarking ok. reason why I say this. If you cross over in a car, plane etc. They don't know where you are really going or if you willl ever cross back again. On a cruise ship, they know you have to leave in 24 hours it may be a different sceanrio. That weighed against your risk of re-offending and he crime.

 

Tough call, hope it works out for you.

[biker@sea]

They let ME in ?? :eek: :D

[skeeter195]

Wouldn't there be a problem in New York when trying to first board the Gem? I would think that NCL would be working with Canada to avoid any possible problems. I have no knowledge at all on this and was just wondering.

[hawkeyetlse]

There might be a provision when crossing with cruise ships that make disembarking ok. reason why I say this. If you cross over in a car, plane etc. They don't know where you are really going or if you willl ever cross back again. On a cruise ship, they know you have to leave in 24 hours it may be a different sceanrio.

Lots of countries treat visiting cruise passengers differently, with visa waivers and less cumbersome customs and immigration inspections, etc. But they still go over the passenger manifest and tell the ship if there's anyone they don't want leaving the ship. The OP's DUI will pop up right away, and I don't see why they would ignore it, since that is kind of the whole reason for going through the whole "clearing the ship" routine.

 

Once you're off the ship, there's nothing anyone can do to force you to get back on it. So they still check to make sure that you are someone that they want in their country.

 

At least Canada is nice enough to make allowances for "unwanted" persons to be on the ship while in Canadian ports. Some other countries (looking at you, Brazil) don't allow the ship to have such passengers on board, even if they stay on board. In that case, you won't be allowed to embark on the cruise at all. So that would be the worst case scenario, but I wouldn't worry about it happening in the OP's case.

[roger001]

With the thousands and thousands of Canadian snowbirds in the US each year, some of them probably get DUIs in the US. What happens to them when they try to return home?

[hawkeyetlse]

With the thousands and thousands of Canadian snowbirds in the US each year, some of them probably get DUIs in the US. What happens to them when they try to return home?

They don't lose their citizenship, so of course they are still allowed to return home. Just like if they get a DUI up in Canada, they don't get banished into exile.

 

But if the US state where it happened shares the information with the Canadian's home province, the conviction will be added to their record and they may face consequences at home (insurance, revocation of DL, etc.)

[mocrimlaw]

I am a criminal defense attorney and DUI/DWI's are a real problem when traveling to Canada. There is a process you can go through to be able to go there, and if you google it you should find it easily. It is easier after 10 years, so yours should be easier. I looked into it for someone whose DWI was 8 years old, and it required quite a lot of paperwork, 9 months in advance of the trip, and if I remember right about $200 in costs. He did not have 9 months until the trip so I never followed up on it, but I remember it seemed to be easier after 10 years.