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WLF

Newbie
Oct 21, 2014
4
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I am a pilot with a US based airline that is going to begin service to Canada next month. I was sent a memo that said ANY arrest on my record could make me inadmissible to Canada. I am having trouble finding a solid answer on whether or not I need to do rehabilitation application and I do not want to pay $200 for an application that I may not need to do.

I was arrested for disorderly conduct in 2006. The charges were dismissed and I have no conviction on my record.

Someone told me my best bet is to go to a port of entry with all my records and ask the border agent if I would be admissible. Any insight or guidance on this matter would be greatly appreciated.

Thanks,
Richard
 
I should say that I do not plan on moving or living in Canada, all I would be doing is spending the night in a hotel and flying back to the US the following day.
 
WLF said:
I am a pilot with a US based airline that is going to begin service to Canada next month. I was sent a memo that said ANY arrest on my record could make me inadmissible to Canada. I am having trouble finding a solid answer on whether or not I need to do rehabilitation application and I do not want to pay $200 for an application that I may not need to do.

I was arrested for disorderly conduct in 2006. The charges were dismissed and I have no conviction on my record.

Someone told me my best bet is to go to a port of entry with all my records and ask the border agent if I would be admissible. Any insight or guidance on this matter would be greatly appreciated.

Thanks,
Richard

Get a copy of your criminal records from Ministry of Justice and see if you have any convictions listed. If you have any then you will need to go through rehabilitation which may take upto one year.
 
what matters is how the crime "equates" in canada law. i believe if it's not a criminal offense, and you were not found guilty then you would still be admissible. the only way to know for sure is to seek entry into canada, see if it even comes up and what the border agent decides. Often in situations like these, EVERYONE has an opinion. The truth is, no one can tell you for 100% sure what will happen because it's in the border agent's hand.

in my opinion, i don't think it's necessary for you to bring your record with you. they will be able to get all the information they need on you from your passport. Canada and the US share A LOT of information, so they are going to know what's up. it's never recommended to OFFER information at the border. Answer questions that ARE asked, and never lie. You *may* find it doesn't equate to anything worth being inadmissible for and there's always the chance it won't come up.

Also, since you are working as a pilot, I believe there are also rules that allow them to give you entrance because not allowing so *may* be a detrement to a canadian company (ie: the airport and airline you work for - which function on Canadian soil).

Again, the only way to know for sure is to go to the border and see what happens.
 
rhcohen2014 said:
what matters is how the crime "equates" in canada law. i believe if it's not a criminal offense, and you were not found guilty then you would still be admissible. the only way to know for sure is to seek entry into canada, see if it even comes up and what the border agent decides. Often in situations like these, EVERYONE has an opinion. The truth is, no one can tell you for 100% sure what will happen because it's in the border agent's hand.

in my opinion, i don't think it's necessary for you to bring your record with you. they will be able to get all the information they need on you from your passport. Canada and the US share A LOT of information, so they are going to know what's up. it's never recommended to OFFER information at the border. Answer questions that ARE asked, and never lie. You *may* find it doesn't equate to anything worth being inadmissible for and there's always the chance it won't come up.

Also, since you are working as a pilot, I believe there are also rules that allow them to give you entrance because not allowing so *may* be a detrement to a canadian company (ie: the airport and airline you work for - which function on Canadian soil).

Again, the only way to know for sure is to go to the border and see what happens.

However, I strongly believe that he need to go through Rehabilitation process. Even for minor Crime Canada do not allow people at border. It is better to talk to a criminal lawyer for a simple straight advice.
 
Thank you for the replies. I know that the arrest is on my record because it came up on the background check when I was hired by the airline. I will see what they say at the border. Does anyone know how the Detroit-Windsor border crossing works? If I drive, when do I speak to the border agent and what happens if they say I am inadmissible? Do I just turn around and go back to the US, no harm no foul?

rhcohen your comment brought up another question. Since it is up to an individual border agent whether I am admissible or not, what if when I try this border crossing and that agent says I am good to go, but then I have a flight to Canada for work and that border agent comes to a different conclusion. Is that a possibility, or will they have a record that I was admitted previously?

Thanks again for the help.
 
fastfood said:
However, I strongly believe that he need to go through Rehabilitation process. Even for minor Crime Canada do not allow people at border. It is better to talk to a criminal lawyer for a simple straight advice.

Since the OP was never CONVICTED, s/he should not need to go through the rehabilitation process, right?
 
WLF said:
Thank you for the replies. I know that the arrest is on my record because it came up on the background check when I was hired by the airline. I will see what they say at the border. Does anyone know how the Detroit-Windsor border crossing works? If I drive, when do I speak to the border agent and what happens if they say I am inadmissible? Do I just turn around and go back to the US, no harm no foul?

rhcohen your comment brought up another question. Since it is up to an individual border agent whether I am admissible or not, what if when I try this border crossing and that agent says I am good to go, but then I have a flight to Canada for work and that border agent comes to a different conclusion. Is that a possibility, or will they have a record that I was admitted previously?

Thanks again for the help.

most likely when you drive up to a border, you will first encounter primary, which are the booths you drive through. the agent at the booth will ask the usual questions, and either let you go, or give you instructions to park your car and go to the immigration office inside, which is commonly called secondary. I have never been to that border, so i don't know what it's specifically like there. Most land borders are the same though, it's just depends on how big they are.

yep, that can certainly happen! if you get pulled into secondary, more likely than not, the officer will have typed up information about your previous experience in the system, so that the next time they have a record of it. Frankly, unless the second officer finds significant fault on your behalf, like catching you in a lie, or it's obvious you are trying to move there, i would say the chances are pretty slim - especially if you are going there for work as a pilot. sometimes, they will give you a visitor's record so they can actually track your entry and exit, and know you have complied with them before -which is what i suspect they will do for you if you enter as a "business visitor" ie: pilot.

When they refuse entry, yes, they will turn you right back around, and you will have to go back to the US border. They don't care where you are or what time it is.

I also agree with Ponga, that i don't think you qualify for "Rehabilitation" because you have not been convicted. I don't think having a charge on your record makes you inadmissible, i *think* what makes people criminally inadmissible is when they have been CONVICTED of something, and have had to either serve jail, pay a fine, or get probation. I would also recommend not contacting a lawyer UNTIL there is an actual issue you face at the border.
 
Thanks again for the advise. I just wanted to post my experience here so that it may help someone in the future.

I ended up going to the Windsor border crossing. I drove across the bridge and told the officer at the "toll-booth" window that I had an arrest and I wanted to see if it would make me inadmissible. Said that I was a pilot and my company was going to start flying to Canada this month. I gave him all the facts up front. He directed me inside where another agent pulled up my criminal history.

2006- disorderly conduct. result: stricken from docket with leave to reinstate (in Chicago that means its dismissed) no conviction.

She looked in up in some little red book of Canadian law to compare my charge with Canadian equivalent and said that I am admissible because that offense is just a "summary" whatever that means...

I was inside the office for a whole 10 minutes, got in my car and drove back to the USA.

For what its worth, another pilot at my airline did the exact same thing, but because he had a DUI on his record an officer had to walk him to his car and make sure he took the turn back to the states. Still, he said, they were very nice about it.

I hope this post might help someone in a similar situation avoid the trouble of going all the way to a border crossing. Luckily, I get to fly for free and my brother lives near detroit and he let me use his car. Might not be that easy for someone else though.

Thanks again, and if you're flying to Chicago or DC out of Montreal, Toronto, or Ottawa on a 50 seat regional jet maybe I'll see ya ;)