Those planning to travel to Canada for the 2010 Vancouver Winter Games have to meet the same requirements everyone else does to enter the country, and travelers from certain countries do indeed require a visa. Past criminal convictions or offenses can sometimes result in your being inadmissible to Canada.

If you are inadmissible to Canada due to a past criminal offense, your next course of action may be to acquire a Temporary Residence Permit to enter Canada. A Temporary Residence Permit will allow you to enter Canada as a visitor despite being inadmissible to Canada because of a prior criminal offense, and can be valid for periods of months or years, multiple visits or a one-time entry into the country. Temporary Residence status in Canada can include those who want to visit, work or study in Canada.

If you are planning to travel to Vancouver via the United States, you may also need a United States visa that can be applied for in your home country well before your trip to avoid any delays or surprises.

Usually a TRP application is processed by a Canadian Embassy or Consulate, however, this process can take months. You can also apply at the border (if you are from visa-exempt countries), but there is always the risk of being turned away or very rarely, detained as visitors to Canada must always convince or satisfy the visa officer at the Canadian border or port of entry that the visit is a temporary one.

If you have been denied entry to Canada, please call Niren and Associates Immigration Lawyers at 1-866-929-0991 for a consultation regarding your problem and to discuss steps that can be taken to resolve your situation.

I am a US Citizen and had a DUI 3 years ago. I tried to enter Canada but I was refused entry because of my DUI Conviction. What Can I do to get into Canada? I am a business person and have occasion for frequent travels to Canada.

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Your DUI conviction renders you inadmissible to Canada and therefore you would require a Temporary Resident Permit (TRP) to enter Canada. TRPs can be issued either at a Canadian Consulate or a Canadian Port of Entry. In cases where criminality is serious it is always advisable to apply for your TRP at the Canadian Consulate. TRPs are generally difficult to obtain even for minor offenses so it is important to  carefully prepare these applications in order to persuade an immigration officer to approve your application. TRPs can be single or multiple entry and can vary in duration. We have wrote extensively on this subject here and here

I have an o.w.i that I received little over 2 years ago.  I have a fishing trip planed for August 28th to Canada (I live in the U.S) I applied for the TRP and that was a lot of leg work. Well it took month to get  a reply from the Canadian Consulate only to find out response from them that they denied me. I already have my desposit made for the trip that is non-refundable. I dont know what to do. It is a 10 hour drive to the border so I dont wont to get all the way up there and get turned away. Can I get any help from anyone as I do not know what to do? I am running out of time. Any help would be great. Thank You.

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If you are a US Citizen you can apply for a TRP right at the Canada/US Border. There is always a risk of refusal again however. Without knowing what documents you submitted to the Consulate I am unable to assess why your application for a TRP was refused. TRPs are difficult cases because they involve criminality so they must be properly prepared. If your application is approved at the border then you will be able to enter Canada and enjoy that fishing trip.

Hi Lily,

We really appreciate all the effort you put in to preparing the Canadian entry crossing information package.  It helped a lot to have it together – certainly it helped with our confidence when we entered the Canadian border station!

The officer that we dealt with at the border was quite decent. He had witnessed all that transpired during our second entry attempt, and did not give us a hard time at all.  Thank goodness!  He said he would deal with us ‘as one human being to another’.

So all went smoothly.  We are planning to begin our Canadian permanent residence  application soon.

Thanks for your help!

Jennifer

My family and I live in the USA by Canadian Border near BC.

My wife is Canadian and my son is Canadian. I am an US citizen. We all reside in the US.

All of our relatives live in Canada (in-laws, sister law and nice and more). Now I cannot go see them at all and its been over a year since I been there and my wife’s mom and dad are getting up there in age. I’m really worried if something ever happen to them I will not be there to support them.

My Offense:

I have a negligent driving first-degree w/alcohol.

I was refused entry into Canada and I voluntary left Canada on Feb 2008. I had to sign a Voluntary Deportation paper allowing me to leave Canada.

The offense was on 10-2004 and the court trial sentencing was on April 2005 with a two-year probation. I plea bargained. I served my probation and paid all fines.

Funny, I have been driving back and forth up there for almost 4 years without anybody from the Canadian border stopping me. I walked across and show them my passport more then once without a hitch. I did not know that the misdemeanor offense I obtained in the USA was a criminal offense in Canada. Then one-day I walked across and the world fall apart for my family and me. I had to sign a voluntary removal notice and leave.

When will my 5 years be up for application, 2011?

I am so confused on what I have to do. I need help! I have a good reason to visit Canada, my Canadian Family.

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It appears that your DWI/DUI charge renders you inadmissible to Canada. As such you would require a Temporary Resident Permit (TRP)  in order to enter Canada. After 5 years, you may be eligible for Rehabilitation which would, if approved, make you admissible to Canada again. In the mean time, you should consider applying for a TRP either at a Canadian Consulate in the US or at a US/Canada Port of Entry.

More information on TRPs can be found here

My family and I live in the USA by Canadian Border near BC. My wife is Canadian and my son is Canadian. I am an US citizen. We all reside in the US.All of our relatives live in Canada (in-laws, sister law and nice and more). Now I cannot go see them at all and its been over a year since I been there and my wife’s mom and dad are getting up there in age.

I’m really worried if something ever happen to them I will not be there to support them.I have a criminal offense which is  negligent driving first-degree w/alcohol.I was refused entry into Canada and I voluntary left Canada on Feb 2008. I had to sign a Voluntary Deportation paper allowing me to leave Canada.

The offense was on 10-2004 and the court trial sentencing was on April 2005 with a two-year probation. I plead bargain. I served my probation and paid all fines.Funny, I have been driving back and forth up there for almost 4 years without anybody from the Canadian border stopping me. I walked across and show them my passport more then once without a hitch. I did not know that the misdemeanor offense I obtained in the USA was a criminal offense in Canada. Then one-day I walked across to Canadian border and the world fall apart for my family and me. I had to sign a voluntary removal notice and leave.

When will my 5 years be up for application, 2011?I am so confused on what I have to do. I need help! I have a good reason to visit Canada, my Canadian Family.

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Your situation is very common.  DUIs or DWIs as they are sometimes called, can render you inadmissible to Canada. The fact that you entered Canada in the past without being stopped just means that the Canadian Border Service Agency (CBSA) did not catch you. This may itself pose a problem because under the Immigration and Refugee Protection Act , you have an obligation to disclose to Canada customs any material fact relating to your entry to Canada: A criminal record is a material fact. Failure to disclose this information could lead to an allegation of misrepresentation.

In any event, since your probation ended in, it seems, in 2007, you can apply for Criminal Rehabilitation 5 years from the last day you served your sentence which would be around 2012. However, in the mean time you can apply for a Temporary Resident Permit (TRP) which, if approved, would enable to you enter Canada for a temporary period.

For Americans TRPs can applied for at a Canadian/US Port of Entry but more commonly at a Canadian Consulate in the USA. They are complicated applications so make sure you retain adequate counsel to handle them for you.You can get more information on our website regarding  TRPs here and criminal rehabilitation here.