Joepottinger

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.

Former Lancastrian

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.

Joepottinger

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.

christmasoompa

Has he had an answer on the ETA yet or has he just applied and is waiting to see if it's granted?

Joepottinger

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.

christmasoompa

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.

Joepottinger

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.

christmasoompa

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.

Joepottinger

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

christmasoompa

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.

Joepottinger

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.

Former Lancastrian

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,

• (a) carries, uses or threatens to use a weapon or an imitation thereof,
  
• (b) causes bodily harm to the complainant, or
  
• (c) chokes, suffocates or strangles the complainant.
  
  NOTE: Because sentence says imprisonment of not more than 10 years this then makes it a serious offence and therefore a $1000 fee to apply and will also mean never deemed rehabilitated.
  
  If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
  
• You are deemed rehabilitated: not applicable.
• You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.

CanadaJimmy

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.

Joepottinger

I understand that but hes not a violent criminal, he punched one person one time and the equivalent sentence according to IRCC in this country is absurd. He received a $400 fine and the equivalent crime committed in this country isnt close to what IRCC deemed it to be with 10 years in prison. I know countless people that have been in fights on drunken nights out in Canada and even on campus at university, not one of those individuals spent a day in prison so I dont understand how they deem the equivalent charge to be that here.

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.

Joepottinger

Thank you very much for the link. Will look into how to apply through the visa office for the TRP. I dont have much faith that cic would ever have that application processed in 2 months though so thinking its likely a lost cause.