British Expats

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-   Immigration & Citizenship (Canada) (https://britishexpats.com/forum/immigration-citizenship-canada-33/)
-   -   ETA with criminal record (https://britishexpats.com/forum/immigration-citizenship-canada-33/eta-criminal-record-943669/)

christmasoompa May 1st 2022 12:59 pm

Re: ETA with criminal record
 

Originally Posted by Joepottinger (Post 13111612)
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.

FL said 'not more than 10 years'. And in the UK it carries a maximum sentence of 5 years in prison too, so he was lucky with just a fine, it's not really any different.

2 months is possible, so I'd suggest he gives it a go, but just be realistic that it is unlikely unfortunately. He really needs to get cracking though, it's already been a week or so since his ETA was refused, so make sure he doesn't waste any more time. Would be awful if it was granted a week after the wedding, so get him on it urgently.


Joepottinger May 5th 2022 10:01 pm

Re: ETA with criminal record
 

Originally Posted by christmasoompa (Post 13111703)
FL said 'not more than 10 years'. And in the UK it carries a maximum sentence of 5 years in prison too, so he was lucky with just a fine, it's not really any different.

2 months is possible, so I'd suggest he gives it a go, but just be realistic that it is unlikely unfortunately. He really needs to get cracking though, it's already been a week or so since his ETA was refused, so make sure he doesn't waste any more time. Would be awful if it was granted a week after the wedding, so get him on it urgently.

Thanks for this. We had attempted to apply for the temporary visitor visa but each time we tried it would redirect him to applying for an ETA and we couldnt get passed that stage.

Is there somewhere else other than inside his gckey account login that he would make the application? It reads as if he would have to find the forms and print them and then submit by mail to London, if this is the case its likely a lost cause as he lives in outer islands of Scotland so mail takes much longer.

christmasoompa May 5th 2022 11:13 pm

Re: ETA with criminal record
 

Originally Posted by Joepottinger (Post 13112592)
Thanks for this. We had attempted to apply for the temporary visitor visa but each time we tried it would redirect him to applying for an ETA and we couldnt get passed that stage.

Is there somewhere else other than inside his gckey account login that he would make the application? It reads as if he would have to find the forms and print them and then submit by mail to London, if this is the case its likely a lost cause as he lives in outer islands of Scotland so mail takes much longer.

It’s not a TRV that he needs, that’s for people who need a visitor visa for Canada, i.e. their country doesn’t come under the ETA scheme. That’s why it’s redirecting him to the ETA application, because he’s a UK citizen.

He needs to apply for a TRP, which is a different thing. See post no. 12 above.

But yes, it must be sent via post. He’s really not giving himself much chance by delaying applying, he should have done so urgently as soon as his ETA was refused. You really need to tell him to get a wiggle on!

HTH.

Joepottinger May 5th 2022 11:31 pm

Re: ETA with criminal record
 

Originally Posted by christmasoompa (Post 13112600)
It’s not a TRV that he needs, that’s for people who need a visitor visa for Canada, i.e. their country doesn’t come under the ETA scheme. That’s why it’s redirecting him to the ETA application, because he’s a UK citizen.

He needs to apply for a TRP, which is a different thing. See post no. 12 above.

But yes, it must be sent via post. He’s really not giving himself much chance by delaying applying, he should have done so urgently as soon as his ETA was refused. You really need to tell him to get a wiggle on!

HTH.

Okay thanks Christmasoompa. Unfortunately i am having to do most of the work for him as hes not really tech savvy and my job is chaos at this time of the year.

I clicked on the temp resident permit piece mentioned in #12 but I keep getting stuck in the same loop of pages without being able to figure out where I actually submit. I clicked the temporary resident permit and got directed to visa office piece. It says about where to send it but doesn't mention specifically what to send.

Sorry i know this is probably fairly basic and I have gone through many of these permits/visas myself but I cannot find what I need to send him for submission.

Joepottinger May 6th 2022 3:36 pm

Re: ETA with criminal record
 
I spent 3 hours last night trying to find forms or application packages that would meet whats mentioned above for TRP. Doesnt seem to exist on cic so we got our MP to reach out to them. Turns out cic says the only way to apply for a TRP is to go to the VAC in London. I called the VAC in London and they told me that since the pandemic they only do passport application and biometrics.

The VAC also told me that he should enter canada and then apply for his TRP, which I was confused by because he can't fly with a refused ETA.

Any direction would be greatly appreciated as the VAC and CIC are giving us the run around with no legit direction on how to process this.

Former Lancastrian May 6th 2022 3:49 pm

Re: ETA with criminal record
 
If it is imperative that he travel to Canada then the only other way is applying for an ESTA and flying to the US. Someone then picks him up and they cross into Canada via land border. Explain to the officer that he could not apply for a TRP from the UK and would they be prepared to issue one at the border and pay the applicable fees.

The VFS Global website for the VAC office in London does not even have how to apply for a TRP on it and you get redirected back to the IRCC website where you can find the application form for a TRP but that is for those already in Canada.

Joepottinger May 6th 2022 3:58 pm

Re: ETA with criminal record
 

Originally Posted by Former Lancastrian (Post 13112726)
If it is imperative that he travel to Canada then the only other way is applying for an ESTA and flying to the US. Someone then picks him up and they cross into Canada via land border. Explain to the officer that he could not apply for a TRP from the UK and would they be prepared to issue one at the border and pay the applicable fees.

The VFS Global website for the VAC office in London does not even have how to apply for a TRP on it and you get redirected back to the IRCC website where you can find the application form for a TRP but that is for those already in Canada.

Thank you former Lancastrian. I guess there is no one to overcome the ETA inadmissability to his only option would be to travel to the US but its likely a gamble that he gets allowed entry.

It does seem like everything just runs people around in a circle. I thought i had it correct with the trv then when looking at the TRP to the only option was the in Canada one. VAC was basically useless so it seems theres no option for overcoming inadmissibility during the 5 years after offence.


christmasoompa May 6th 2022 8:01 pm

Re: ETA with criminal record
 
I don’t think he’d be allowed in to the US either.

Here’s the link - https://www.canada.ca/en/immigration...-activity.html

As per the guide, he needs to tick the ‘for info only’ box etc.

HTH.

Joepottinger May 6th 2022 9:21 pm

Re: ETA with criminal record
 

Originally Posted by christmasoompa (Post 13112818)
I don’t think he’d be allowed in to the US either.

Here’s the link - https://www.canada.ca/en/immigration...-activity.html

As per the guide, he needs to tick the ‘for info only’ box etc.

HTH.

Thanks Christmasoompa. Only one im not sure on from that form is the part where it asks for original documents of "A criminal clearanclearancthe police authorities in all countries (including Canada) where you have lived for six consecutive months or longer since reaching the age of 18". I wonder what that is referencing?

Otherwise i would say he can provide everything else on there fairly easily.

christmasoompa May 7th 2022 2:50 pm

Re: ETA with criminal record
 

Originally Posted by Joepottinger (Post 13112830)
Thanks Christmasoompa. Only one im not sure on from that form is the part where it asks for original documents of "A criminal clearanclearancthe police authorities in all countries (including Canada) where you have lived for six consecutive months or longer since reaching the age of 18". I wonder what that is referencing?

It's exactly that, a police cert (from ACPO). It sounds like he's already got one from what you've said above, that he submitted for the ETA app? So he can just use that. If he has lived anywhere else other than the UK for 6 months or more then follow the instructions here - https://www.canada.ca/en/immigration...cates/how.html

HTH.


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