ETA with criminal record
Hi all,
I have a friend hoping to come here for our wedding and he has a criminal record. One time assault from 2019 and it has been spent in the uk. Would he be admissable here for an ETA for the wedding or is he likely to get rejected? Thank you. |
Re: ETA with criminal record
Much more info required. Was it common assault, actual bodily harm etc etc. Was he convicted in court? Just on face value he would be inadmissible but the devil is in the details.
|
Re: ETA with criminal record
Originally Posted by Former Lancastrian
(Post 13109709)
Much more info required. Was it common assault, actual bodily harm etc etc. Was he convicted in court? Just on face value he would be inadmissible but the devil is in the details.
|
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13109722)
Im not sure how it would be defined for severity, one punch that caused a bit of bleeding is my understanding. I think he got a £400 fine for it but nothing else and he did declare it on his eta application. No previous convictions of anything and nothing since then either.
|
Re: ETA with criminal record
Originally Posted by christmasoompa
(Post 13109732)
Has he had an answer on the ETA yet or has he just applied and is waiting to see if it's granted?
|
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13109733)
After submission for the ETA he got asked to submit a police record check as well. Which he submitted today so just waiting on decision.
I agree with FL that it sounds as though he may be inadmissible unfortunately, but all he can do is wait and see. |
Re: ETA with criminal record
Originally Posted by christmasoompa
(Post 13109734)
Ah, ok. And what was the exact charge, as FL said, was it actual bodily harm, assault or something else?
I agree with FL that it sounds as though he may be inadmissible unfortunately, but all he can do is wait and see. Seems a bit much to not allow someone to visit for a few weeks for one charge thats considered off the record in the UK. Would understand if there was intent to remain here long-term but just for a visit seems a bit much. |
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13109738)
I think he said "assault to injury" was what was on the document he received. Im not sure what that would be equivalent of here in Canada though. His time had been spent in the uk as of beginning of 2022 and the fine was all that was received for it.
Seems a bit much to not allow someone to visit for a few weeks for one charge thats considered off the record in the UK. Would understand if there was intent to remain here long-term but just for a visit seems a bit much. This is assuming his offence is one that has an equivalent in the Canadian criminal code, sounds like it does but hopefully he'll find out for sure soon. |
Re: ETA with criminal record
Originally Posted by christmasoompa
(Post 13109742)
Unfortunately, even for a visit criminal rehab is needed for most criminal offences, and he won't be eligible to apply for that until at least 5 years have passed. https://www.canada.ca/en/immigration...nvictions.html
This is assuming his offence is one that has an equivalent in the Canadian criminal code, sounds like it does but hopefully he'll find out for sure soon. I only ask cos the reason he would be coming is his son is supposed to be an ring bearer at the wedding and the son obviously wouldnt be able to travel alone. Seems awful that they wouldnt be able to come for a few weeks. Thank you |
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13109796)
Thanks Christmasoompa. Assuming he gets rejected, I read that he can apply for a temporary visitor visa instead. Any idea if thats plausible for a wedding in July?
I only ask cos the reason he would be coming is his son is supposed to be an ring bearer at the wedding and the son obviously wouldnt be able to travel alone. Seems awful that they wouldnt be able to come for a few weeks. Thank you To get one your friend would have to prove ‘compelling reasons’ for needing to enter Canada when inadmissible. That would usually be humanitarian reasons (i.e. a dying relative, or funeral of a close relative), or economic (and that would be economic benefit to Canada, not the applicant). Attending a wedding isn’t likely to qualify IMO, but if the ETA is refused and your friend is deemed to be inadmissible, it’s absolutely worth a try. |
Re: ETA with criminal record
Originally Posted by christmasoompa
(Post 13109801)
Timescales wise it’s plausible, possibly. They can take up to 6 months, or can be a couple of months.
To get one your friend would have to prove ‘compelling reasons’ for needing to enter Canada when inadmissible. That would usually be humanitarian reasons (i.e. a dying relative, or funeral of a close relative), or economic (and that would be economic benefit to Canada, not the applicant). Attending a wedding isn’t likely to qualify IMO, but if the ETA is refused and your friend is deemed to be inadmissible, it’s absolutely worth a try. He was considered inadmissable for the ETA. There is a 5 year old supposed to be attending and this individual is his guardian and they are supposed to travel together from the uk. I think cic would have to be pretty rotten to see that this isnt enough to justify him coming for two weeks. Do you happen to know if its visitor visa or temporary resident permit that I would help him apply for? Cant seem to find info on which one it is. |
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13110711)
Thank you.
He was considered inadmissable for the ETA. There is a 5 year old supposed to be attending and this individual is his guardian and they are supposed to travel together from the uk. I think cic would have to be pretty rotten to see that this isnt enough to justify him coming for two weeks. Do you happen to know if its visitor visa or temporary resident permit that I would help him apply for? Cant seem to find info on which one it is. https://www.canada.ca/en/immigration...t-permits.html Also if it is an assault with injury then that becomes a more serious offence and the fee for a TRP then would increase to $1000 for the application. It will likely equate to the followingAssault with a weapon or causing bodily harm 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
|
Re: ETA with criminal record
Originally Posted by Joepottinger
(Post 13110711)
Thank you.
He was considered inadmissable for the ETA. There is a 5 year old supposed to be attending and this individual is his guardian and they are supposed to travel together from the uk. I think cic would have to be pretty rotten to see that this isnt enough to justify him coming for two weeks. Do you happen to know if its visitor visa or temporary resident permit that I would help him apply for? Cant seem to find info on which one it is. |
Re: ETA with criminal record
Originally Posted by CanadaJimmy
(Post 13110768)
It sucks, but think of it from a political perspective, Canada can't be seen to allow violent criminals into the country. If they let him in knowing his record and he went on to assault a Canadian, the media coverage, public outcry and backflash would be a nightmare for CIC. They have a duty to protect the public from criminals, and entering a foreign country is a privilege than can easily be lost with bad actions unfortunately.
I would understand if there were repeat offences or other offences on his record but its one individual terrible lapse in judgement which was a result of going to pick his son up and another man being in the house which led to one singular punch. Not excusable at all but I dont understand how they deem it be a charge thats equivalent to 10 years in prison here when no one in this country would get close to that for a one time charge like that. |
Re: ETA with criminal record
Originally Posted by Former Lancastrian
(Post 13110729)
He would have to apply for the TRP to overcome inadmissibility see the link below
https://www.canada.ca/en/immigration...t-permits.html Also if it is an assault with injury then that becomes a more serious offence and the fee for a TRP then would increase to $1000 for the application. It will likely equate to the followingAssault with a weapon or causing bodily harm 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
|
All times are GMT. The time now is 8:51 am. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.