Edmonton Oilers Goalie Nikolai Khabibulin was found guilty last week of extreme DUI, excessive speeding and a blood alcohol level of .164, which is more than twice the legal limit. He was sentenced to 30 days in jail by the judge in an Arizona courtroom, where the crime took place in February.

A month, or 30 days in jail, is the minimum sentence for the offences, and Khabibulin has also been ordered to attend a treatment program along with paying fines of over $5,000. While 30 days in jail is the minimum sentence in the United States, jail times of that extent are rarely given out for similar crimes in Canada.

Despite this, one major issue for Khabibulin, born in Russia, is that the impaired driving offences in question are punishable under the Criminal Code, which made him criminally inadmissible to Canada under Canadian immigration law as soon as he was convicted. He is not a Canadian citizen or a permanent resident, so it might make things difficult.

Khabibulin’s lawyer filed an appeal immediately after the sentence was handed down, but if the appeal is denied, he may be able to apply for a Temporary Resident Permit (or TRP) in order to be admitted to Canada. TRPs are usually difficult to get and are approved in exceptional cases.

However, according to Global News the fact that his employer is supporting him, the fact that Khabibulin did not injure or kill someone and that it was his first offence can work in his favour when immigration officials determine the advantages to letting him back into Canada.

We had the privilege of representing a Skipper who required a Temporary Resident Permit (TRP)  in order to enter Canadian waters off Vancouver.

The applicant was on his boat during his journey from Hawaii to Vancouver, Canada and could not receive faxes or emails. It would take him 14 days to reach Vancouver. On top of that, he had limited access to the phone and Internet while he was at sea, and he had absolutely no access to a printer before he docked in Vancouver, which means he even would not have a proper application package to present to Canadian Border Service Agency (CBSA).

We therefore had to contact the CBSA, Marine Security Unit, directly and sent them the client’s TRP package directly for their review and consideration. In most cases, applicants have their TRP application packages in hand for presentation to the CBSA.  We emailed CBSA the TRP package and the officer in charge of the port told us he received it and would make a final decision after intrviewing the Skipper when he arrived.

Well, he did arrive and the interview went well. Our Skipper was issued his TRP and was allowed to sail into Canada. Here is now a happy sailor!

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Hello Mary,

Would like to thank you for all of your assistance in obtaining a Temporary Resident’s Permit for my allowance into Canada.  Everything came together very easy and much faster than trying to do it on my own.  The whole process was handled extremely professional and in a short time period.

Thanks again,

Trevor H

Hi Michael,
 
I just wanted to express my appreciation on your excellent and quality services.

Mary emailed me today that she was notified that my and my wife’s TRPs for Canada had been approved.

Mary has been very generous and patient in answering all my emails. She indeed is a great person!

Sincerely

Tae

Michael & Shabnam,

Thank you so much for your remarkable turn around on my need to enter Canada on extremely short notice.  A mere 48 hours after retaining your services and providing you with the first bit of documentation, I was landing in Canada with my application for TRP in hand.  An hour later I found myself riding the train to my hotel.  Without your help there is no way I would have been able to be present for my urgent business meeting there.  I cannot thank you enough and greatly appreciate the attention that you paid me.

Bret

I wanted to express my Thanks for supporting me with my TRP application.

This is my 5th TRP and I’m looking forward to getting this behind me in ‘11.  The application went very well yesterday as I was in and out of the Rainbow Bridge facility in less than 30 minutes.  Frankly, I question how thoroughly they went thru the application, but who cares.  As long as I keep my self out of trouble for the next 12 months I should be Ok for my final TRP prior to the formal rehabilitation to get this DUI off my Canadian record.

Again, Thanks and I’ll be in touch in the Sept/Oct timeframe this year to get the ball rolling again.  If I know of anyone who needs your services I will be sure to recommend Niren and Associates

Doug

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