galaxy flyer

Atpwannebe

That's correct, Canada will deny entry to those with felony convictions, in Canada, a DUI is a felony and they will deny entry. Many instances of this happening to US pilots, sometimes they have required the pilot to leave by commercial air, as a passenger, and a replacement pilot was sen in. I am not sure of any 5 year "look back" rule, either, DUI can be older than that and be denied entry.

GF

Flutter

I have heard the stories, too. Lets just say that I would put the Canadian government's success rate at preventing pilots convicted of DUI in recent years from entering Canada at somewhere below 100%.

rickair7777

A DUI older than five years will prevent entry, there is no expiration if they know about it. It's possible that a very old DUI in the US (like 1980) may not have made into the record system the canadians use.

The five-year window is in reference to rehabilitation...after five years you can apply for rehab and pay a hefty fee to be allowed entry.

Flutter

This is not correct. And this stuff is very simple to research so I don't understand the spread of misinformation.

I just posted about being "deemed rehabiliated". It goes something like this....

"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."

So with a single DUI, after completing your sentence and five years have elapsed, yes you can apply for reahabilitation and pay a reasonable fee. But after ten years have elapsed, you're good.

Overcoming criminal inadmissibility

BLott4

The only problem with your observation is that I keep seeing MAY vs. SHALL. With that said, the not having to submit an app seems incongruous. Having dealt with immigration a lot (I live there and work here), I would follow the second paragraphs advice which says:

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.

Flutter

Absolutely, if you have a concern, then give them a call. Thats why I included the link in my post. I didn't bother and also didn't have a problem.

The 'congruency' of the application issue is this....

5 years have elapsed, appliation/fee required.
10 years have elapsed, application/fee not required.

atpwannabe

Whew! That's good to know. I'll just have to take clipperskipper's advice and check NDR.


atp

rickair7777

Interesting. I know guys who had DUI's in college (20+ yars ago) who are still getting hassled by Canucks.

So for clarity, you are automatically deemed rehabed ten years after completion of sentence with no action on your part?

I think you are reading this wrong, unless your reference is some other document. The immigration website just says that you need to wait at least five years (lesser crimes) and as long as ten years (more serious crimes). Most DUI's seem to be five-year offenses based on anecdotal evidence in the pilot community..

The whole deemed rehabed thing seems to apply to certain crimes and circumstances, and based on what I have seen in the industry DUI's don't qualify because they are considered a much more serious crime in CA than in the US..

The part about not submitting an application seems to mean that, for some offenses, you can just show up at the immigration checkpoint and hope they deem you to be rehabilitated on the spot...if they don't, you're headed back home.

Flutter

I consider the department of Citizenship and Immigration in Canada to be an appropriate source.


It is a more serious crime in Canada than in the US. But better than believing in what you hear is doing your own research (I posted a link to make this easier for you). Citizenship and Immigration in Canada very clearly states on their website, had you took the time to read it rather than relying on stories you hear, states....

"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."

Correct.