Sailing with a Felon

[GordMay]

Any type of impaired driving offence is considered the equivalent to the Canadian Criminal Code offence of impaired driving. This includes misdemeanor convictions. Canadian law considers impaired driving to be a serious CRIMINAL offense.
Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?” If you have been convicted of impaired driving (DUI) you may be denied entrance. Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?” If you have been convicted of impaired driving - even if no collision was involved - you may be denied entrance.

However, a person with a conviction may be deemed rehabilitated and be eligible for entry after a certain period has expired from the completion of the sentence imposed (which would include any driving suspension) on the conviction.
Depending on the offense, this period may be as short as 5 years or as long as 10 years.
If a person cannot qualify for deemed rehabilitation, they may apply for individual criminal rehabilitation.

Visiting Canada: Overcoming criminal inadmissibility
➥ Overcoming criminal inadmissibility

Visiting Canada: Overcoming criminal inadmissibility - Frequently asked questions
➥ Frequently asked questions: Overcoming criminal inadmissibility

[Reality Check]

Originally Posted by Sheriff

citizens of the U.S.A,Canada and the E.U do not require a visa or get scrutinized by Immigration or Customs from Caribbean countries.

Not actually True of all or probably most Caribbean Countries.

You still need a Visa to enter many countries even if you are E.U. and even more so if you do it by private vessel. Seems to be far less with commercial travel but the limits are often just weeks.

Even for British Subjects in BVI, they have to have special visa's to arrive in USVI via private vessel and these take time to get and generally are required to be completed in your home country well prior to your intended date of entry.... and one of the questions is about your past history as far as being convicted of a crime. Heck, even British entering BVI have to have a Visa and a special one of they are going to stay a while or work in country.

US citizens requesting to reside in BVI (not become a citizen but only reside) are required to furnish Police Reports from the places they have lived and a number of other things..... I know.... I just did it a few weeks ago.

You stand less chance of having a problem if you only travel by commercial methods and only come in as a short term visitor/ tourist. Something many cruisers don't actually do. We often hang in a place 6 months or more and that is when you most likely be required to disclose any criminal convictions. If your only going in for a couple of days or weeks, less potential.

Same for a number of other Islands. Lots depend on how long you are going to stay.

[Boracay]

Australia has many different types of Visa. I had a look at the Department of immigration website and could not find any information on their policy regarding criminal convictions.

There is a "Character test" that is applied to all inbound travelers and as a part of this I do believe they look at criminal convictions very carefully, and (if the "Border Security" TV show is to be believed) could send back any intending tourist that fails this test. From memory there is a question on on the inbound immigration card that asks about this.

If someone was intending to visit Australia and had a criminal conviction it could be very advisable to make an online application first. Even if refused it is possible to appeal.

Australia may be one of the toughest in the world so having an Aussie visa would certainly look good on your passport in this part of the world.

[rourkeh]

Entry to the U.S. automatically includes criminal background check when they scan your passport at point of entry. The ICE computer system is hooked up to an amazing array of domestic and foreign police agencies. The U.S. is one of the toughest countries in the world to enter. They will automatically refuse entry to anyone who has had even a simple misdemeanor offence, and demand you obtain a waiver from the U.S. embassy in your home country before being allowed in to America. I had a friend who had a minor conviction for uttering a threat 30 years ago and he got turned back at the border. He applied for a waiver at the embassy in Toronto and it took 2 years of constant follow up to get and he is required to carry it with him every time he enters the U.S. and renew the waiver repeating the process every 2 years. The jails in America have hundreds of thousands of people who arrived without a waiver and are being held for deportation, all paid for by U.S. tax payers. Another great system invented after 911 that doesn't work.

[bljones]

If it is an old beef and he has no tail, he might do well to get with a mouthpiece and paper a pardon.

You owe me two crates of smokes for this advice.

[David_Old_Jersey]

Not every country requires a conviction.

• Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

• Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

• Do you seek to enter the United States to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose? Are you a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State? Have you ever participated in persecutions directed by the Nazi government of Germany; or have you ever participated in genocide? Have you ever participated in, ordered, or engaged in genocide, torture, or extrajudicial killings?

• Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

• Have you ever been afflicted with a communicable disease of public health significance or a dangerous physical or mental disorder, or ever been a drug abuser or addict?

Some countries are simply no fun

[bljones]

Slightly off topic, but regarding entry into American waters, the big American catchall is CMT- Crimes of Moral Turpitude. A bounced cheque, shoplifting conviction, small time fraud, petty theft, even impaired driving and assault are all considdered crimes of moral turpitude and can see you excluded from US shores.. and the shores of American territores like the USVI and Guam. In years past, this was a bit of a joke, but in today's Patriot Act- coloured world, ICE takes their responsiblities very seriously indeed. ( that name change, from the innocuous sounding Border Patrol to the chilling ICE says it all about the change in purpose).

Barcodes are quickly eliminating any discretion the local uniforms have. if the machine says you stay out, you stay out. If you have something even remotely shady in your past, even if it is 20 years old, it would bebeneficial to talk to a lawyer if you plan to enter American waters.

[SabreKai]

Originally Posted by gettinthere

So it's just canada that aggressively tries to keep out the ex criminals? I too have talked to people denied entry to canada because of drunk driving convictions

Baloney. I can't get into the US because of a minor charge that's over 35 years old. It entirely depends on the guy at immigration and whether or not he got lucky the night before. All I can say about trying to get into any country is not to volunteer any information one way or the other. Keep your mouth shut unless asked. Once they ask you, its up to you if you want to lie about any previous record. I have a pardon from the Canadian goverment, and anyone checking my record will pull up zilch now. But its too late for me to change that record in the US Immigration computer system.


Sabre

[gettinthere]

sabre

that wasn't meant as an accusation, but a question. Up to that point, canada was the only country named as stopping ex criminals from entry.

I was surprised to think that would be the case; since proven differently

[cuthbert]

Originally Posted by skipmac

Australia for example, if you have a criminal record you have to fill in extra forms with full information on your conviction and submit it with your visa request. He never tried so don't know if they would have granted the visa or not.

Englsihman arrives at Australian Immigration...

"Do you have a criminal record sir?" askes the government official.

"Why, do you still need one to get in?" Is the reply.

Old joke, here is another one....

"Do you have a police record"

"Why yes, the greatest hits album and synchronicity".



But seriously, In most countries, once a certain period of time has passed a conviction is considered "spent" or "expunged" or similar. This means that there is not a need for your friend to wear a hairshirt and atone everytime he goes to travel, and he has therefore no requirement to declare that conviction even when asked directly. Any desire to seek more than a tourist visa may meet a requirement to declare any conviction deemed to be spent, but that is a different kettle of fish.

[SabreKai]

Originally Posted by gettinthere

sabre

that wasn't meant as an accusation, but a question. Up to that point, canada was the only country named as stopping ex criminals from entry.

I was surprised to think that would be the case; since proven differently

S'ok. Actually, the best way to get into Canada is to arrive a 0dark30 on a rusty Chinese scow, eat your documentation and claim refugee status. Then disappear when they release you with a wad of cash, health insurance and a ticket to the nearest welfare office.


Sabre

[boatsmith]

. The jails in America have hundreds of thousands of people who arrived without a waiver and are being held for deportation,

Really where does that stat come from?

[zeehag]

Originally Posted by boatsmith

. The jails in America have hundreds of thousands of people who arrived without a waiver and are being held for deportation,

Really where does that stat come from?

dang --and here i thought the jails here were filled with drunk drivers and marijuana smokers....... the criminals are on the streets and in public office....
uhoh time flies--i have to go sell or try to sell a kayak that isnt mine--rofl....

[Aussiesuede]

Originally Posted by boatsmith

. The jails in America have hundreds of thousands of people who arrived without a waiver and are being held for deportation,

Really where does that stat come from?

There are currently about 380,000 people in immigration custody. Over half have no criminal history. I'm not aware of any statistic on how many were detained due to waiver violations, but considering half are there without any criminal records, it's probably fair to surmise that a fair portion of that 175,000 or so are due to unsatisfactory visa status? But definitely no hundred(s) of thousands. More likely around 150,000.

Incidentally, something that gets conveniently lost in the national immigration debates in the US is: Being in violation of immigration laws is not a crime in the United States. It is a civil violation for which immigrants go through a process to see whether they have a right to stay in the United States. Immigrants detained during this process are in non-criminal custody. So when the media perpetuates the myth that illegal immigrants are criminals - it's pure sensationalism.

About The U.S. Detention and Deportation System | Detention Watch Network

[GordMay]

Originally Posted by boatsmith

. The jails in America have hundreds of thousands of people who arrived without a waiver and are being held for deportation,

Really where does that stat come from?

ICE statistics show that deportations have increased dramatically from 189,000 in 2001 to 387,000 in 2009.

“The U.S. government detained approximately 380,000 people in immigration custody in 2009 in a hodgepodge of about 350 facilities at an annual cost of more than $1.7 billion.”
➥ About The U.S. Detention and Deportation System | Detention Watch Network

“... Over 30,000 immigrants are in detention on any given day in the U.S. This is triple the average number detained just ten years ago. Detained immigrants include asylum seekers, torture survivors, victims of human trafficking, longtime lawful permanent residents, and the parents of U.S. citizen children. Immigrants can be detained for months or years without any meaningful judicial review despite international human rights standards requiring such review...”
➥ Immigration Detention

“In 2009, the United States deported a record 387,790 people – a 5 percent increase over 2008. Nearly two months before the end of the 2010 federal fiscal year, the deportation rate is down slightly from 2009, but the number of removals is still likely to be more than triple what it was in 2001 ...”
➥ Obama as border cop: He's deported record numbers of illegal immigrants - CSMonitor.com