Will I have any issue when travelling to Australia or New Zealand? The application includes passing a character test and applicants must have no major criminal history, no convictions and no association with anyone who is or has been involved in criminal conduct. Find the right visa. In fact, we have heard of Canadians being denied the ETA for common charges such as DUI, and on other occasions, people have been granted the ETA, but once they arrive in Australia they are denied entry. If you were convicted of a crime with a sentence of 12 months or more, you cannot apply for an ETA and must do the normal visa application even if you did not end up serving the full 12 months. If you have upcoming international travel plans, working with one of our experienced DUI lawyers can help to ensure that the required paperwork is processed correctly and completed well in advance of your travel dates. An ETA is a simple travel authorization that allows tourists to enter Australia for up to three months. The visa application includes passing a character test, meaning the applicant must have no substantial criminal record, no convictions, and no association with anyone involved in criminal conduct. There are ways around it: Those convicted with a DUI who didn't serve jail time and who have an otherwise clean criminal history have the best chance of skirting Canada's travel bar, though it costs a $200 fine. To get the most accurate information and avoid surprises at the border when you are traveling, contact the consulate of the country or countries you hope to visit to learn their policy toward DUI charges and convictions. You will still need to declare your record, but they will take the pardon into consideration along with all the other relevant factors. You may be required to go through a fairly complex procedure and fill out complicated paperwork, which can take some time. Posted on June 12, 2017 in Crime,Drunk Driving. In Australia and New Zealand, you will likely be able to be admitted, as long as you were not sentenced to a year or more in prison for DUI. If you were convicted of a crime with a sentence of 12 months or more, you cannot apply for an ETA and must do the normal visa application even if you did not end up serving the … In many of these cases, Canada will lift the DUI restriction after ten years if. My husband was convicted of DUI in April of this year, and we are flying non-stop from Saskatoon to Las Vegas on Dec. 21. Tourists from the U.S. can obtain an ETA or Electronic Travel Visa, which is basically an electronic form of a visa linked to their passport, allowing them access to Australia be it for leisure or work. Will I have any issue when travelling to Australia or New Zealand? 1 decade ago. If you plan to travel to Canada, you should know that our neighbor to the north has some of the toughest restrictions on the admission of anyone with a criminal history—and that includes a DUI conviction—even one charged as a misdemeanor. I had a misdemeanor DUI in the US 6.5 years ago with a clean record otherwise. Guide: How to Choose the Best Criminal Defense Attorney in Phoenix, Questions to Ask a Criminal Defense Lawyer During a Free Consultation. Australia and New Zealand. Our defense lawyers provide a brief overview of how a DUI could affect your international travel plans. Most Canadians can enter Australia with just an ETA (electronic travel authorization). 1 decade ago. Your permission to enter the country may be at the discretion of the immigration officer, and reporting a DUI record could prevent you from obtaining a visa to these countries. I'm making no claim to be an expert ew and in fact use of the term in general is superfluous but what I initially posted re immigration requirements was based on having had considerable exposure to immigration issues. Even if you are a passenger in a vehicle or if you are flying into Canada, you will still be denied entry with a DUI conviction on your record. Remember that entry to any foreign country is generally at the discretion of the border guard. A pardon can help support your application for a tourist visa to Australia. Australia: If your sentence was more than 12 months, you can be denied entry to Australia even if you did not serve the entire sentence. The nature of your crime or crimes is often the precipitating factor that will seal your fate at the border, but what about trying to cross with a DUI? If you are denied an ETA, or you already know you are not eligible given the length of your sentence, you should apply for a normal tourist visa. This also includes suspended sentences. While this takes longer, it gives the authorities a chance to investigate the details of your application and make a decision based on all factors, such as the seriousness, the amount of time that has passed and your intentions in visiting the country. Contact us today for a free consultation about how a Record Suspension can help you travel at 1-866-972-7366. Thinking of a trip to the Land Down Under sometime soon? Answer Save. You will almost certainly be able to visit Australia, but you will NOT be able to come on the Visa Waiver Program - a conviction of any kind makes you ineligible for an ETA. You do NOT need an ESTA or an eTA if you cross the borders by land so you could … 1. Relevance. You may petition the Canadian Government for the forgiveness of a prior DUI conviction if five have passed since you completed your sentence, including payment of fines, DUI school, community service, probation, and any other penalty to which you were sentenced. U.S. citizens need to fill out an e-Visa to enter Australia. Answer 21 of 37: I had a misdemeanor DUI in the US 6.5 years ago with a clean record otherwise. Specifically, I'm planning on going to South Africa, Australia, New Zealand, China and Indonesia in 3 and a half years. You may assume that Australian authorities will not have access to Canada’s national database of criminal records, but there are other places where information about your record could exist, for example, in databases of court records. Hopefully Peru sooner too, if I can! Each visa has conditions about what you can do in Australia. The caveat is that you are supposed to mark 'Yes' even if your FBI record is clean and you know you have a conviction. Avvo has 97% of all lawyers in the US. Answer 1 of 37: I had a misdemeanor DUI in the US 6.5 years ago with a clean record otherwise. Answer 1 of 38: I did a search on all the United States forums but didn't really find an answer to my question. If you plan to travel abroad and you have been arrested and/or convicted of Driving Under the Influence (DUI) in the United States, you should be aware that your criminal history can create unexpected problems, beyond what you may have imagined. Thanks! This includes suspended sentences. According to US Customs and Border Protection, having a conviction for driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that automatically disqualifies you from entry into the U.S. Keep in mind though, if you have more than one conviction in conjunction with other misdemeanours, you could be denied entry. Find a lawyer near you . Nevertheless, with advance planning, you may be able to obtain permission to enter Canada by one of the following means: If an American citizen needing to enter Canada with a DUI cannot wait ten years to obtain a Rehabilitation Permit, a Temporary Resident Permit can sometimes solve the problem and gain your permission to enter the country. Well, probably most countries. © 2021 by Orent Law Offices, PLC. All rights reserved. The Deemed Rehabilitation requires that you demonstrate that ten years have passed since you completed all DUI penalties, including jail time, fines, and probation and there have been no repeat offenses. For the time being, that includes the United Kingdom; but that may change once Brexit (British withdrawal from the EU) is complete in a couple of years. Will I have any issue when travelling to Australia or New Zealand? Any information would be appreciated as long as it's not just a guess. The author may repost if desired.Posts on the Tripadvisor forums may be edited for a short period of time. You can update your ... may be able to fight this, but its really really scary right now. Can I Travel to India with a DUI? Drink Driving, PCA, DUI etc is most certainly a criminal offence in Australia and will earn you a criminal record. There are different visas depending on your travel purpose and length of visit. It's also possible to apply for criminal rehabilitation starting five years after the original conviction, which can renew eligibility for entry into Canada. Fill out the form below to receive a free initial consultation. Lv 4. No problem for Australia but you should … What to do if you Refuse a Field Sobriety Test in Arizona. Usually, it is approved on the spot, however, sometimes you can experience a delay. If you have been charged with a crime, don’t wait. Can I travel for vacation to Australia with a dui Charge? Lawyer directory. You will be informed in writing whether or not you are required to lodge an application for a visa to enter Australia prior to travel. The European Union does not make a DUI a prohibited offense, so you should not face restrictions traveling to much of Europe—those countries that are currently EU members. If you have a recent DUI in Canada you may not be able to get an ETA, but don’t despair, you may still be able to enter Australia. There is also a business version that will allow you to attend meetings and conferences, but won’t allow you to work for a company. Travelling to New Zealand and Australia with a DUI? In many Asian countries, hiding information is considered a worse offense than the DUI itself. Because alcohol consumption is forbidden under Islamic Law, having a drunk driving record will likely be viewed very negatively. Every country has its own regulations, which differ widely from country to country, not only as to the letter of the law but the manner in which the laws are interpreted by immigration officials. Report. Even if you have received a record suspension here in Canada, US immigration officials can still decline to let you enter if they have refused you in the past. and just a DUI means you can answer no so you should have no problem getting an ESTA to enter the US under the VWP.. A Deemed Criminal Rehabilitation permanently lifts any restriction on entering the country. If you are approved under Canada’s Streamlined Rehabilitation process, you will be able to cross the border without the need to reapply for permission each time. While maybe US and Canada share their records, most others don’t. Your permission to enter the country may be at the discretion of the immigration officer, and reporting a DUI record could prevent you from obtaining a visa to these countries. If you dont declare them the chances of you being stopped at point of entry to either country is minimal. In general, the visa will be denied only if the applicant is deemed to pose a threat to the Indian public. If it comes back clean, you can consider marking 'No' to expedite your visa. The Canadians will probably not give you an eTA with a DUI. If you are eligible for a pardon it is strongly recommended that you apply in order to increase your chances of hassle-free travel. Do I Need a Criminal Defense Lawyer to Fight Misdemeanor Charges? If you do have a DUI, your best bet is to apply for a travel waiver. This is good for one entry only. Usually, one misdemeanor DUI will not keep you out; however, a felony conviction could be grounds for exclusion. Pirate_At_50. Mexico denies entry to those with a record of a “serious crime.” While currently DUI does not appear on the embassy’s list of serious crimes, the list is not exclusive, and permission to enter Mexico is at the discrimination of an immigration officer. If you have a recent DUI in Canada you may not be able to get an ETA, but don’t despair, you may still be able to enter Australia. Favourite answer. Do I Need a Criminal Defense Lawyer if I’m Innocent? This field is for validation purposes and should be left unchanged. Answer 1 of 37: I had a misdemeanor DUI in the US 6.5 years ago with a clean record otherwise. Because of our long shared border with Canada, travel between the two countries is common. It is valid for 12 months. Most Canadians can enter Australia with just an ETA (electronic travel authorization). ONLINE. In some instances when you need to travel to a country but are denied entry due to restrictions, you might try applying for a waiver. Australians who retain the services of our immigration lawyer will not need to stress about such details, however, as we will submit the application directly to the correct Immigration, Refugees and Citizenship Canada (IRCC) office on their behalf. Australia can deny you entry if you have a DUI with a sentence of one year jail or prison time, or longer. I'd suggest instead of relying on a general statement from the RCMP you find a way to check the interpol database. 11811 N. Tatum Blvd. A criminal history, including for non-violent offenses such as intoxicated driving, can render an Australian criminally … In Australia and New Zealand, you will likely be able to be admitted, as long as you were not sentenced to a year or more in prison for DUI. However, it risky and not the best option. Processing time for these checks is 25 working days from the date the completed form is received by the High Commission. When you have a criminal record and want to cross the border into the United States, there is always a chance that you may be denied access. *** Phoenix, Arizona 85028. No, because there's no roads to Australia from anywhere else, it's an island/continent! A pardon means that your background has been thoroughly investigated by Canadian authorities and they have determined that you are rehabilitated. For those with a history of criminal misconduct, Australia can permanently prevent you from entering the country. If you are interested in travelling with a DUI or other criminal record, a Record Suspension can support your application for a visa. Will I have any issue when travelling to Australia or New Zealand? The ETA requirement does give authorities more time to investigate the background of visitors. These countries require you to disclose a DUI arrest or conviction. You might also need a visa to transition through Australia to another destination. As … If your visa is denied based on the nature of your criminal record, you will not be able to apply again. Find the best ones near you. Currently, a pardon in Canada is called a Record Suspension. -:- Message from Tripadvisor staff -:-This post has been removed at the author's request. So, if you’re planning to go to Australia with a DUI or criminal record, you’ll need to make other travel plans. If you plan to travel to Canada, consult an attorney well in advance of your expected travel date to determine if you qualify for any of the permits listed above. Mexico may be unpredictable, due to the frequency with which laws change. The Temporary Resident Permit will need to be renewed for any subsequent trips to Canada. Having a DUI does not mean you are completely banned from entering the country forever. You also need to get your visa before you travel to Australia. US residents may have more difficulty if their DUI was prosecuted as a felony. "She said that you CANNOT travel to CR if you have a DUI charge if it has been put on the interpol website." STE 3031 But seriously, as long as you don't try to rent a car, you shouldn't have any problems admitting your offence on your … Applying for a Travel Waiver. DUI are considered criminal convictions in both NZ and Australia and as such must be declared on your arrival documents. Will I have any issue when travelling to Australia or New Zealand? Immigration to Canada from Australia with a DUI. Maybe the cops will run an actual search for your name or maybe a 3rd party could provide a documented search to see if your name pops up. That makes it, under Australian Immigration Law, an “aggravated felony”, and you can … Contact your nearest Mexican Consulate for advice if you are considering DUI travel to Mexico. Mike. The opposite may be true, however, when you for a visa to a predominately Muslim country. So mark 'No' at your own risk. 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