If you are a pilot and have received a DUI in the United States, one question you may be asking is “how can I enter Canada with a DUI on my record?” Without a Canadian temporary resident permit, it may be close to impossible to enter Canada with a criminal record. Ever since September 11th, the Canadian government has become more stringent on who gets to cross their border. As a result, when you attempt to cross the Canadian border, you will be subject to a criminal background check. The question that will be asked of you by Canadian border officials will be “have you ever been convicted of a crime?” If the answer is “yes,” you will be prohibited from entering the country. As a pilot, this could heavily affect your ability to get employment with an airline or maintain employment with the airline you already work for.
Entering Canada with a DUI on your record does not necessarily have to put the skids on your career as a pilot. However, in order to regain eligibility for entry to Canada, you must understand the process of overcoming criminal inadmissibility. First, the wrong assumption a lot of pilots make is that they are free to cross the Canadian border in their capacity as a crew member because neither the FAA nor their employing airline took action in response to their DUI or other criminal conviction. Again, this assumption is wrong. What happens in the United States is of no concern to the Canadian border officials. Nonetheless, what does matter to the Canadians is whether your criminal record can be rehabilitated for admission to the country. Unfortunately, this can be a very long process if you don’t take affirmative actions, such as obtaining a temporary resident permit.
In order to apply for “deemed rehabilitation,” the following criteria must be met:
- You have a minimum of one misdemeanor conviction;
- At least five or as many as ten years have elapsed since you completed the sentences for the conviction; and
- The conviction would not be considered a serious crime in Canada.
In evaluating each case, Canada officials use Canadian definitions of what constitutes a misdemeanor or a serious offense. In Canada, serious offenses include theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol.
If more than 5 years have elapsed since all sentences related to the conviction(s) were completed, but you are not eligible for rehabilitation at a port of entry because of the nature or number of convictions, you may apply for rehabilitation through a Canadian Consulate in the United States. This process is expensive, time consuming, and will likely require you to hire an attorney.
Nonetheless, as a pilot, you may have the option of obtaining a temporary resident permit in Canada. If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit. To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified. One downside is that there is no guarantee that you will be issued a temporary resident permit.
For a pilot, being charged with a DUI or any other crime can be disastrous. Protect your career or potential career and contact your aviation attorney if you are ever charged with a DUI or other crime. Let us take on the Canadian border officers for you. Let us vector your through your legal turbulence. Call The Ison Law Group today, toll-free at 1-855-LAW-1215.
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