Criminal a Record Travel Issues

11 posts / 0 new
Last post
Noah Fence's picture
Noah Fence
Offline
Joined: 18-12-12
Jul 3 2018 19:50
Criminal a Record Travel Issues

Oops. DP.

R Totale's picture
R Totale
Offline
Joined: 15-02-18
Jul 3 2018 20:04

A few things: First, I'd advise you to check out this Urban75 thread - focused on the US rather than Canada, but it's 62 pages long so I wouldn't be surprised if Canada comes up somewhere. Also, do you need an actual visa as such or just an ETA? The government seem to think you should just need the ETA. If you had to make an application for a full-on visa I'd think you had more cause to worry, but my impression is that the ETA is much more of a rubber-stamping exercise, at least for UK citizens.

Noah Fence's picture
Noah Fence
Offline
Joined: 18-12-12
Jul 3 2018 20:18

Thanks RT. Yes, it’s just an ETA but it still asks for a declaration of criminal convictions and the offence of false info is one that can result in you being considered inadmissible.

Khawaga's picture
Khawaga
Offline
Joined: 7-08-06
Jul 3 2018 20:21

Call the Canadian embassy and just be honest. I'd be vary of lying on the ETSA since it likely searches some databases, but those may not include your criminal convictions...

Noah Fence's picture
Noah Fence
Offline
Joined: 18-12-12
Jul 3 2018 20:27
Khawaga wrote:
Call the Canadian embassy and just be honest. I'd be vary of lying on the ETSA since it likely searches some databases, but those may not include your criminal convictions...

I tried that hoping to speak anonymously and hopefully get some honest non official advice from a decent human being as I did a few years back when I was hoping to travel to the states but unfortunately and infuriatingly they ‘‘do not answer enquiries either in person or by telephone but only by email.’’ Obviously you you will only get the official line that you must tell the truth from an email.

Fleur
Offline
Joined: 21-02-12
Jul 3 2018 20:45

Totally different situation entering Canada than the States. I wouldn't even bother trying to get into the States. If it's a minor offence ie one with less than 10 years sentence under equivalent Canadian law, you should be OK if you've not had any other convictions and it's over 5 years ago or if it happened when you were a minor (under 18.) If it's over 30 years ago, you'll probably be considered rehabilitated. Basically being deemed rehabilitated will come down to a discussion with a border agent at the airport.You should be automatically pardoned by the UK Rehabilitation of Offenders Act 1974 because it was more than 30 years ago. However, sometimes it doesn't seem to make sense, who gets in and who is denied and it can come down to the discretion of the border agents.

In addition, as it was a drug supplying, as opposed to possession, you may need to look into it a little more, if only for piece of mind. Contact the Consulate in London for a chat. Seriously, Canadian government officials are fucking weird about how helpful they are. Also, here's the relevant government webpage on the subject
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

And also useful information from an immigration lawyer
http://immigrationcanada.pro/criminal-issues/

Fleur
Offline
Joined: 21-02-12
Jul 3 2018 20:48

Noah, set up a fake email account and ask them. Also, it's a tourist visa and not a residency permit, so they're not going to be going through your life history with a fine toothcomb, not unless they're very bored.

Noah Fence's picture
Noah Fence
Offline
Joined: 18-12-12
Jul 3 2018 21:06

Thanks Fleur.
As far as I can tell, the closest offence to mine in Canadian law carries a maximum sentence of ten years, which is not less than ten years so I’m on the cusp.
Although I think the chances are I’ll be admitted if I tell the truth and also that if I don’t declare they won’t look any further the anxiety I’m feeling around this makes the info I’ve been looking at swim before my eyes and paralyses me into inaction. It’s very important to me visit my friend and I’m really fearful of it all fucking up. Shit, I used to be so decisive but I can’t make my mind up here.
The fake email is a good idea though, probably a good starting point so thanks again.

Noah Fence's picture
Noah Fence
Offline
Joined: 18-12-12
Aug 21 2018 09:50

Guess what, it’s 5.45am and I’m walking the streets of Toronto after arriving yesterday and surviving a minor interrogation!
Thanks everyone for your input especially R Totale for the very useful PMs.
Btw, Ultraviolet says “howdy y’all!”
Right, gotta go - I’ve a very important riot to start!

R Totale's picture
R Totale
Offline
Joined: 15-02-18
Aug 21 2018 12:14

Congrats!

JohnDoe89
Offline
Joined: 13-02-19
Feb 13 2019 01:53

Hi Noah!
Here's a great article on conviction and inability to enter Canada:
https://www.justforcanada.com/inadmissibility-to-enter-canada.html
Good luck!