Canada - Visa or ETA

Beverley_Hillbillies

In 2003, I received a criminal conviction, 2006, not being allowed entry into the USA under the then VWP, I was granted a 10 year USA visa, following an interview at the US Embassy in London.

I now have the possibility of visiting Canada, I don't wish to be dishonest on application, therefore, can anyone confirm, do I need to apply for a visa, or just the normal ETA?

I can't seem to find any information on "spent / convictions"

DomRavioli

Speak to the embassy. They are the only people who can advise you if your specific conviction and the time passed would allow you to travel.

This is an open forum, and therefore answers are to be taken with a large pinch of salt. Please contact the embassy for the correct information.

eDicky

Beverley_Hillbillies wrote: »

I now have the possibility of visiting Canada, I don't wish to be dishonest on application, therefore, can anyone confirm, do I need to apply for a visa, or just the normal ETA?

The answer should become apparent during your application for the ETA. UK citizens never needed a visa to visit Canada, unlike for the USA, so the situation is not necessarily comparable.

scumsthorne

eDicky wrote: »

The answer should become apparent during your application for the ETA

Yes, they would fail on

"Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?"

Although Canada can recognize the Rehabilitation of Offenders Act, they don't have too. (Burgon case). The Saini decision I]Saini v MEI 151 NR 239 CRCA[/I also gives the visa officer total discretion.

Depending on what the arrest was for it will fall into one of 3 categories, indictable, summary or hybrid.

The rules Canada use are basically

"You may be deemed rehabilitated depending on:

the crime you committed
how serious the crime was
how much time has passed since you completed the sentence (10 years for one indictable offence, 5 years for two or more summary convictions)
whether you have committed more than one crime

In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years."

The bit in bold is important, and Canada classes some crimes as being hybrid, so some 'minor' crimes can fall into the same category as major ones that carry a 10 years sentence, so you could never be deemed rehabilitated.

Saying that, the Saini decision also gives the visa officer total discretion, and they do send people back.

As you have already supplied your details to CBP you should be aware that Canada and the US are one of the 5 Eyes counties, and the US and Canada share ALL information regarding criminaltity, even police reports that do not lead to arrest.

Quote

"According to the Ontario Mental Health Police Records Check Coalition (PRCC), police in Canada routinely record information about incidents concerning individuals needing mental health services. That information is entered into local databases which are then transmitted to the national police information database at the Canadian Police Information Centre (CPIC). This database is administered by the RCMP and is shared with the US Department of Homeland Security, which oversees the US CBP."

Whether that data sharing includes your application to CBP is unknown.

So, just answer the question, referring to any help given to that question, and expect a long wait.

scumsthorne

Beverley_Hillbillies wrote: »

I can't seem to find any information on "spent / convictions"

The Canadian ETA doesn't recognise spent convictions for the question, the question is massively different to the question on ESTA and is read literally.

"Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?"

Looking at that question, if you have ever taken illegal drugs you would have to answer yes even if you were never caught, if you were ever arrested for anything, the answer is yes. Their is no "get out" to this question.

Whether or not the offense you committed can be 'deemed rehabilitated' depends on what you were convicted of.

abroadimmigration

how can i get visa for canada

silvercar

If you drive over the USA/ Canada border, you don't need a Canadian ETA. All you need is your full UK passport. You remain in your car and are just asked questions on how long you intend staying.