Some American Taylor Swift fans planning on heading north to see her final Eras Tour shows this weekend might not be able to cross the border this weekend due to past crimes.
A handful of U.S. Swifties have taken to social media to express their past Driving Under the Influence convictions, concerned that they won’t be able to clear Canadian immigration.
Heron Law immigration lawyer Will Tao explains that entry into Canada is on a case-by-case basis. Depending on when the crime or DUI charge occurred could be the deciding factor after the crime was reclassified as a heavier offence five years ago.
“In 2019, the driving offence was elevated to one of serious criminality, based on legislative amendments,” Tao told 1130 NewsRadio.
Under Canada’s immigration law, if you have been found guilty of driving while impaired by alcohol or drugs, including cannabis, “you may be inadmissible for serious criminality.”
“You won’t be able to enter or stay in Canada unless we issue you a temporary resident permit,” the Immigration, Refugees, and Citizenship Canada website states. “You’ll have to pay the processing fee for the permit (CAN $239.75) and there’s no guarantee you’ll be allowed to enter or stay in the country.”
“If you’re found inadmissible, you’ll be denied a visa or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada,” IRCC explains.
Tao adds that the Canadian Border Services Agency (CBSA) officers balance the potential risks or benefits of allowing someone into the country.
“Historically, if you were the one performing, or if you had a conference to go to or some important economic event, or perhaps even some important family event, you could convince [them] of that element — the importance of being here would be balanced against your risk to Canada, given you’re coming up,” he explained.
Tao says anyone denied entry at the border can apply for a temporary resident permit but echoes IRCC, saying that it requires an application. Tao urges anyone considering taking that route to make sure they have the paperwork in hand to file it.
“Legally speaking, the more recent the DUI is — especially if it’s since 2019 — it’s probably a more complex case, which means a little more attention,” he said.
IRCC says that if there have been 10 years or more since you completed your sentence, “you may be eligible for deemed rehabilitation.”
Swift will be performing the final three shows of the Eras Tour at BC Place on Friday, Saturday, and Sunday.