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Cruising to Canada with a record


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  • 2 months later...

Ok, just thought I'd post our experience for anyone going to Canada. DH was pulled over for DUI in May 04. We worked out a deal with the prosecutor for an SIS (pleads guilty but gets suspended imposition of sentence) in Sept 04. Basically, no conviction shows of record because if no new incidents occurred during period of 1 year probation, it was to become a closed record. A search of the courthouse records shows no conviction. Basically a public records search shows no conviction, but the driver's license record does show the 30 day license suspension because that is an administrative proceeding as opposed to a criminal proceeding and the license bureau NEVER takes that off. So, the incident itself was just over 5 years ago, but the SIS deal was just under 5 years so we worried that he wouldn't be allowed entry since technically he couldn't even be "deemed rehabilitated" per Canada rules requiring conviction or period of probation being more than 5 years ago.

 

Went to Niagara Falls this past weekend and stayed on US side. Walked across Rainbow Bridge into Canada twice. They scanned our passports into the computer. They asked a few simple questions...purpose of our visit, no weapons, how much $, but didn't ask anything about arrests/convictions. We were permitted entry into Canada both times no problems. I do not know if all the border patrol had access to was open records since his SIS is a closed record. Or if they did have access to his closed record but chose to ignore it since we were walking instead of driving. It turned out to be no big deal at least with the walking across.

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Nowadays at our border crossing we are always asked about having criminal records and usual other stuff .If someone commited an affense even a small one better to be upfront with it and do the paper work PRIOR to a visit

In Canada ignorance of the Law does NOT excuse it's non obedience

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She was over 18 when this happened. I know she might have trouble if she flew or drove into Canada. Just wasnt sure about arriving for the day on a ship.

 

She may be ok.

 

Thanks everyone for being polite and for being helpful.

 

P.S.

 

Mexicobob.....read up on that Canada thing. Not everyone is welcome in Canada' date=' including Americans with police records. :)[/quote']

 

Her problem was as an adult. Her issues are many-fold.

 

1. She can be denied boarding at checkin

2. She can be removed at the first port

3. She can be required to stay on the ship in Canada ports.

 

Don't believe those who say "no problem"..... Canada has a much more strict idea about what constitutes a crime than we do. What might get you a slap on the wrist here, is considered a felony or worse there....

 

Here are a few websites for you to explore:

 

http://www.hg.org/article.asp?id=4984

 

http://www.visaplace.com/canada-immigration/denied-entry-to-canada.php

 

http://msmagazinecruise.com/Pages/passport.htm

 

They consider shoplifting a serious matter in Canada....not just youthful thoughtlessness.

 

It would be best to go through the steps recommended by the Canadian Immigration website than to spend the money, go, and be denied boarding or removed from the ship. You'd lose the money entirely.

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I used to work on the Carnival Triumph and we did runs out of NY up to Canada. There are so many passengers on board a ship, that the Canadian officials, or any country really, cannot logistically check everyone, and so they check no one. The ship’s hull doors open, and thousands of people enter the country.

 

If your cousin Susan tried to take out Canada’s Prime Minister and thus got registered as a terrorist, then she might have trouble boarding the ship in NY. Otherwise, she has nothing to worry about. : )

 

Well, it must have been a while back when you were involved. It's not that way any longer......

 

Bad advice is worse than no advice.

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If you can get a passport your fine! I live on a border town and everybody on both sides needs a passport to enter another country now.Hope this helps!

 

No, it's NOT fine.

 

It's not U.S. law involved here....it's Canadian law. They are a lot tougher than we are with those who break the law.

 

In the U.S., you can get a passport easily.....that doesn't mean you will jump over Canadian laws.

 

They don't permit criminals to enter....passport or not.

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No. There was a US citizen denied last year because they could not prove how they were going to support themselves during their stay. They wanted to stay long term but had no job.

 

Also, there are many reasons why a citizen could be denied. Having a passport from your home country does not provide a guarantee that you'll be admitted.

 

Regarding the OP - a shoplifting charge is not likely to cause an issue.

 

NOT true......they consider shoplifting as serious business.....here, from Canadian immigration pages:

 

Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence (assault IV), shoplifting, theft, etc) make a person inadmissible to Canada, regardless of how long ago they occurred. For this reason, it is not recommended that persons with past convictions attempt to enter Canada without first obtaining necessary documents. It is always the final decision of officers at ports of entry to decide whether a person is allowed into Canada

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cruisincruisin.. i don't get your point following a couple threads I started today throwing that pic around. I did not make the statement to start trouble, however you are going out of your way to provoke me. Ever hear that expression.. "picking and choosing your battles wisely"? You couldn't just let this one go? Just had to go after the Marine? I would bet my pension that your not a former military guy. Probably never a varsity athlete either... I am getting close, ain't I? Freedom has a certain type of flavor the protected will never know. THOUSANDS of Marines died to get too the top of that hill. Don't mock it. Please.

 

Dear Tim:

 

Please find another forum for your discussion. This is a cruise forum.

 

Thank You.

 

G'Ma

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So what's the deal? Canadian immigration has someone whose job it is to check for criminal records of every person listed on every cruise ship and airplane manifest? How do they do it at the land based border crossings? I'm just not seeing how this is possible. I can see checking against a relatively small no-fly list or a list of known terrorists or major criminals, but checking every one of 3000 passengers on each ship arriving to see if there are any DUIs?

 

It's called "computers".. U.S. and Canada share information and have for several years. Each airline and cruise ship is required to submit passengers manifest well ahead of time to Homeland Security which enters info into the computers.. Sometimes the miscreant is stopped at the boarding port and is denied boarding...sometimes the information isn't noticed until the ship has sailed in which case, depending upon Canadian immigration, the passenger can be removed from the ship at the first port or denied entry off the ship in Canada.

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When I was young and stupid and just back from Viet Nam I got 5 speeding tickets in just a couple of weeks. I decided just to blow them off expecting to get a warning letter from the Police to pay them. Anyway, a couple of months later the cops came to my work and arrested me for Contempt of Court and threw me in jail. My boss was nice enough to bail me out after a couple of hours and before meeting "Bubba" in the showers.:eek:

 

We just got back from Canada on the Splendor and didn't have any problems. They're just looking for a passport.

 

Speeding tickets and contempt of court is not considered a crime in Canada.... If your tickets had been for negligent driving, that would have denied you entry.

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NOT true......they consider shoplifting as serious business.....here' date=' from Canadian immigration pages:

 

Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence (assault IV), shoplifting, theft, etc) make a person inadmissible to Canada, regardless of how long ago they occurred. For this reason, it is not recommended that persons with past convictions attempt to enter Canada without first obtaining necessary documents. It is always the final decision of officers at ports of entry to decide whether a person is allowed into Canada

 

G'ma is right Shoplifting in Canada is Classified as left under $1000.00. So if you shoplift a bag of chips or steal $999 out of someone's wallet it's the same thing. Also DUI is a Criminal offense here.

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we just got back from an Alaska cruise out of Vancouver which was a mistake made my me. our son who had gotten a dwi in 97 when he was in college,went with us and had a passport but when we got to canada he was pulled and searched for 2 and 1/2 hrs before we saw him again. they told him it had only been 9 years and 10 months since his conviction and it would cost him $200 to enter the country, he told them it had been longer but they said it hadnt so he had no other choice. they told him that after 10 years it would go off his record if he had been in any other trouble. still didnt understand why it took so long or why they had to search all his luggage. they attached a letter to his passport to tell everyone else about it and when we entered canada in a port by car the agent ask us what it was, sons passport had just been issused but he didnt know what the letter was about. i know that i should have found out about it before we went but i didnt think a thing about it. sure wished i had sailed out of US instead of canada.

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I know this thread is talking specifically about entry into Canada with a record (and I am not trying to go too off topic), but I was wondering if entering other places such as the Bahamas with a record is as difficult? I am wondering if a DUI from 05 will cause problems cruising to Freeport and Nassau? Seems like it would be alot of work for me to try to get into Canada :(.

 

Thanks for any help :D

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I know this thread is talking specifically about entry into Canada with a record (and I am not trying to go too off topic), but I was wondering if entering other places such as the Bahamas with a record is as difficult? I am wondering if a DUI from 05 will cause problems cruising to Freeport and Nassau? Seems like it would be alot of work for me to try to get into Canada :(.

 

Thanks for any help :D

 

I don't think the Bahamas cares. They don't ask for anything on the way in only photo id on the way out. However, I don't know if the ship sends things ahead of time- I doubt it though.

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they told him it had only been 9 years and 10 months since his conviction and it would cost him $200 to enter the country, he told them it had been longer but they said it hadnt so he had no other choice. they told him that after 10 years it would go off his record if he had been in any other trouble.

Your son was very lucky! They could easily have denied him entry, and then what? Send him back home alone? Would have cost a lot more than $200. You all did very well.

 

My understanding was, if less than 5 years, no getting in period. Between 5 and 10, officer's discretion and you pay the fee. After 10, if there was only one offense and it was not serious criminality (like assault with a deadly weapon) then they have the discretion to let you in with no fee.

 

However, I have never heard of a charge "dropping off" after 10 years. Despite what you were told, there's strong evidence to the contrary. Just read this article. A 55 year old guy who smoked pot in the 70 is detained. That's more than 10 years ago. They don't care how long ago it was... just the longer the better. You'll probably get in if they don't deem you a threat to society.

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"Then, there is the return to the US. Returning passengers could have trouble with U.S. immigration upon return if any sort of conviction is found on the passengers records."

 

It would not be a problem for the person to return the US with a conviction, the US already knows there is one and unless they have an outstanding warrent for their arrest there is no problem as they have served their time.

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  • 4 weeks later...

This may not be the average or normal situation, so please do not base your travel on my experience.

 

I have a previous DWI. I have been through the cycle and completed it. I was SO worried when I started reading this thread, as we have been to BC every year for the last 4 years with no incidence......But that was BEFORE the new passport thing.

 

We decided to fly to Seattle and take the Quick shuttle to Vancouver....

 

We arrived in Seattle on time and waited for the bus..we boarded and eventually ended up in the border crossing at Blaine....we disembarked the bus..as we waited in line, there were three guards, the one to the left was sending people through, the one in the middle was chatty, the one we were poised for was sending almost everyone to the 'Special' line...I thought...okay, I've got $300 cash, for a temporary visa if worse comes to worse....

 

We lucked out and got the chatty guy..

 

He called me up, and I gave him my passport.." traveling with someone?" I said yes and called John up with me. "You guys been to Canada before?" we said yes and named the dates...'Going on a cruise?" yes, from Vancouver...."staying overnight?" yes, at the Hyatt...."How do you know eachother?.." We were married in Nanaimo 4 years ago... "Congratulations!, welcome back and have a nice cruise!"....

 

Both passports were swiped, it looked like both records popped up as he took a minute to read the screen.....

 

The process to get a pardon is drawn out, involves lawyers and pretty expensive and time consuming from what we have learned...there is no guarantee you will be pardoned after you have spent close to a year, lots of time, and a pretty penny on a lawyer.....

 

My personal thoughts are that if you travel occasionally to Canada, take you chances and know what the risks are. If you are stopped you may be given a one time pass...at that point it would be wise to apply for a pardon.

 

The trip was awsome, customs was easy, but nerve wrecking...

 

Dave:eek:

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No offense to anyone on this board but this is not the type of thing that you look into on a website like this. You need to have your sister call Carnival and also the Canadian Embassy to make sure she is okay. Keep in mind the type of crime may not come up on the database and carnival must make their passenger list available before the cruise leaves. Better to be safe then sorry and check with professionals. Worse case scenerio may be applying for permission before hand.

 

She should also look into getting her record cleared which is possible over time with these type of convictions.

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If there was only one offense and it has been five years or more, you can be automatically "deemed" admissible, upon payment of a $200 fee. This can occur on each visit. You can pay a similar fee and get a permanent waiver but it takes a lot longer.

 

For the waiver, you need to submit:

- Your current FBI file

- Copy of your criminal record from any state you have lived in

- Copies of the US laws you violated (so they can compare to Canadian law)

- Three letters of reference from respectable community members

- Letter from your employer

- Immigration photographs (not passport-size, very specfic size requirement)

- $200 fee (is $1,000 fee if a serious crime was committed.)

- Completed application form

 

who'd go through that much trouble and expense to go to Canada? :p

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In Canada, a DUI is a "hybrid" offense, meaning it can be prosecuted either as a misdemeanor (sumary) offense or as a felony.

 

In the US, most DUIs are misdemeanors unless it was accompanied by another offense, as if you wreck and someone is killed.

 

Canadian immigration law REQUIRES that immigration consider any hybrid offense as a felony. So, your DUI from way back can (and will) keep you out of Canada if a border agent wants to do so.

 

The agent has wide discretion, so if your offense was decades ago and you are truthful, you may get a break. If you lie and are caught, it's a sure bet you are not getting in.

 

If there was only one offense and it has been five years or more, you can be automatically "deemed" admissible, upon payment of a $200 fee. This can occur on each visit. You can pay a similar fee and get a permanent waiver but it takes a lot longer.

 

For the waiver, you need to submit:

- Your current FBI file

- Copy of your criminal record from any state you have lived in

- Copies of the US laws you violated (so they can compare to Canadian law)

- Three letters of reference from respectable community members

- Letter from your employer

- Immigration photographs (not passport-size, very specfic size requirement)

- $200 fee (is $1,000 fee if a serious crime was committed.)

- Completed application form

That's funny Canada only wants to keep past Criminals out of country, unless they pay them. That is stupid, keeping you out if your bad is fine, but to let you in even if you are bad, if you will just cough up the $$ is stupid.

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who'd go through that much trouble and expense to go to Canada? :p

 

Canada is a country that welcomes many types of people. Give us your poor, your tired, your huddled masses longing to be free... oh hold on, that is what is on the Statue of Liberty...

 

The fact that this thread questions Canadian entrance requirements show how little Americans have viewed how border changes have affected others.

 

No surprise, thinking only of yourself is expected. It is no wonder why I ensure I place a Canadian Flag on my luggage, back packs and on my baseball cap. I need to differentiate myself.

 

We Canadians are a polite, law abiding, trustful partner of the USA. We smuggled many of your embassy staff out of Iran in the past. We provide more oil to your country than any other country. We are your largest trading partner. We accepted more USA planes than anyone else when air travel was suspended eight years ago for those few dark days. We lost many of our people on those dark days as well.

 

We are one tenth of your great country. Yet we have played a major role to right the wrongs originating in Afganistan. We have lost hundreds in pursuit of those who wronged YOU.

 

Border restrictions have changed. We have worked with the USA in ensuring commerce may continue. We are not asking for passenger lists from any airline flying from a USA airport, but, that is what we are required to provide to USA authorities.

 

Canada is your friend. We are here for you. We always will be.

 

We just hope that one day the great white north will be recognized.

 

Say good night Gracie....:)

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Canada is your friend. We are here for you. We always will be.

 

Plus you produced my wonderful & beautiful wife! :) I'm just having fun since it always seems to ruffle the feathers of my Canadian friends and family (including my DW :D).

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Your offense is old and minor and apparently not on any Police record, so I doubt that you have a problem.

 

for others, those who state "all you need is a Passport" are wrong. If you were to fly into Canada or cross at a major entry point, the customs officer might well "Run you" while he chats with you and if he finds something, will turn you over to a supervisor.

 

If you're on a cruise tour that briefly crosses into/out-of Canada, it looks that they're much more lax and do only care that you posess a passport. On a Bus Tour that briefly crosses into Canada (or the Skagway White Pass Railroad), for example, the Customs agent will generally just walk down the aisle and check that each passenger waves a Passport.

 

ken

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