Canada panic

CianSmith85

Okay so I'm in a major panic here been researching the Internet for the past two hours and it seems that because I was sitting in my car over the limit seven years ago I am classed in admissable to Canada please tell me this is not the case is it really the same as a DUI and what chance if it is do I have of appealing it.... Any info would be greatly appreciated I'm freaked

snowguy

Visitors are admissable to Canada if they have been convicted of a crime that has a Canada code equivalent, eg, Ireland
has as DUI crime, so does Canada - they are basically the same.

Now, does that stop you coming here on holidays versus getting a work visa, I'm not sure.
When you come for a holiday your passport is checked. Not sure if they are checking Irish crime database ( US/CAN do
share info) . If applying for a visa you have to get a police clearance cert so that ends that.

However, there may be a system in Ireland when you can get the charge ex-ponged or wiped from you criminal record. I've
got no idea of that process. Another option is talking to the Canadian embassy and see what they say.

Good luck.

MartyLK

Have a mate in the same boat and he's basically been told DUI is treated extremely toughly and many have been rejected before with the same offence. He was also told this by Usit in 2007.

Their is a rehab process through the Canadian embassy that may then allow you to apply but it can take up to a year apparently and costs money.

Found out since that Ireland is 1 of only 2 countries in the EU to not have an 'Offenders Rehab' act were certain offences are wiped off your record after a certain number of years with no repeat offences. Ridiculous!

emec

CianSmith85 wrote: »

Okay so I'm in a major panic here been researching the Internet for the past two hours and it seems that because I was sitting in my car over the limit seven years ago I am classed in admissable to Canada please tell me this is not the case is it really the same as a DUI and what chance if it is do I have of appealing it.... Any info would be greatly appreciated I'm freaked

Your best bet would be to apply for your police cert now and see if it included/how it is worded on it. Then you will know how to go forward.
If it is not on the police cert you will be fine, they don't do any other checks I am aware of.

CianSmith85

snowguy wrote: »

Visitors are admissable to Canada if they have been convicted of a crime that has a Canada code equivalent, eg, Ireland
has as DUI crime, so does Canada - they are basically the same.

Now, does that stop you coming here on holidays versus getting a work visa, I'm not sure.
When you come for a holiday your passport is checked. Not sure if they are checking Irish crime database ( US/CAN do
share info) . If applying for a visa you have to get a police clearance cert so that ends that.

However, there may be a system in Ireland when you can get the charge ex-ponged or wiped from you criminal record. I've
got no idea of that process. Another option is talking to the Canadian embassy and see what they say.

Good luck.

Thanks going to get in contact with Canadian embacy it's not very fair seeing as I wasn't even driving the car

CianSmith85

MartyLK wrote: »

Have a mate in the same boat and he's basically been told DUI is treated extremely toughly and many have been rejected before with the same offence. He was also told this by Usit in 2007.

Their is a rehab process through the Canadian embassy that may then allow you to apply but it can take up to a year apparently and costs money.

Found out since that Ireland is 1 of only 2 countries in the EU to not have an 'Offenders Rehab' act were certain offences are wiped off your record after a certain number of years with no repeat offences. Ridiculous!

Thanks for that yeah it's a joke situation was I was staying at me my friends house and his dope of a girlfriend locked us out it was middle of winter so I sat in the car while he was trying to kick in the house door Garda came up and arrested me I didn't even know what I was doing was illegal.

CianSmith85

emec wrote: »

Your best bet would be to apply for your police cert now and see if it included/how it is worded on it. Then you will know how to go forward.
If it is not on the police cert you will be fine, they don't do any other checks I am aware of.

Have got police cert it says convicted in 2005 of drunk in charge might try to go to gards to get it removed thanks

Wonky

CianSmith85 wrote: »

Have got police cert it says convicted in 2005 of drunk in charge might try to go to gards to get it removed thanks

What like just popping into the local station and saying "Hey how's it going, I have a garda clearance her but the problem is it's not clean. Could you just clear my record there and give me back a clean one please?"???

jamesbondings

CianSmith85 wrote: »

Thanks for that yeah it's a joke situation was I was staying at me my friends house and his dope of a girlfriend locked us out it was middle of winter so I sat in the car while he was trying to kick in the house door Garda came up and arrested me I didn't even know what I was doing was illegal.

if this is the case then no crime was committed? i dont know but i thought that if someone who committed an illegal act without knowing the act was illegal then there was some case for their innocence if that makes sense???

Stheno

jamesbondings wrote: »

if this is the case then no crime was committed? i dont know but i thought that if someone who committed an illegal act without knowing the act was illegal then there was some case for their innocence if that makes sense???

Sure everyone would get away with crime then saying they didn't know it's illegal.

The offence is of being in charge of a car while drunk, you don't need to be driving in it, simply sitting in the drivers seat with the keys is enough for you to be charged.

Bit insane but the thinking apparently is that you have potential intent to drive the car

OP the offence will never be cleared from your police cert, I know someone who didn't realise that traffic related offences were not cleared and they lost a job for not declaring them on an application once the employer checked.

juan.kerr

MartyLK wrote: »

Found out since that Ireland is 1 of only 2 countries in the EU to not have an 'Offenders Rehab' act were certain offences are wiped off your record after a certain number of years with no repeat offences. Ridiculous!

Ridiculous that we don't have this act, or ridiculous that all the other countries do have it?

Wonky

juan.kerr wrote: »

Ridiculous that we don't have this act, or ridiculous that all the other countries do have it?

I'd agree with it once it was atleast 6-8 years and only for minor offences and no previous convictions before hand. What's the rules in other countries??

Dr. Greenthumb

As far as I know drink driving offences in Canada are considered a felony while back in Ireland it's just a driving offence.

If you get a DUI over here while on a work permit it's pack your bag and goodbye. Happened to a work colleague.

ibh

I know of at least one person from Ireland who had a prior DUI in Ireland still came on IEC visa to Canada. I believe he had to get a letter from the courts or maybe the court notes (??) to explain the case.

I don't believe it means you cant ever come here on a work visa.

Quite a lot of questions regarding drink driving convictions and the IEC application. See here for my reply to a similar situation and some hopefully useful information.