julescg26

Hi all, my best friend was refused an ETA due to a DUI on her police record. At the time of applying she had served her penalties and had her UK licence back. The DUI was enough for Canada to refuse her the ETA to come back to visit Canada. The only information CIC would say is that to appeal the refusal is to go to the Federal Court - how on earth do you do that from the UK? Does anyone know another way to appeal it, any idea how long it'll last, could she wait and apply again in set length of time - all these questions I can't find a way to find an answer from Immigration.

Any help is greatly received, I am going to write to me local MLA and possibly the Immigration minister - anyone else you think may be able to help me?

DaveLovesDee

My application for an eTA was refused. Is there a way I can appeal?

I presume you'd get a British solicitor to instruct a Canadian lawyer. It'll be expensive.

ENTERING CANADA WITH A DUI

Former Lancastrian

Appealing to the Federal Court for a review won't be cheap either.

julescg26

Thanks DaveLovesDee - I'd seen that it's just not clear how to do that from the UK - or how much it costs. I'm assuming it's not cheap (are courts ever cheap!)

Former Lancastrian

When was the DUI? Sure she could have paid any fines off and got her licence back if a standard 12 month ban however she would still be inadmissible until either applying for rehabilitation 5 years after completion of any sentence imposed including probation or being deemed rehabilitated 10 years after completion of sentence. When was she convicted and what was the sentence?

julescg26

I think the DUI was in 2014/2015 - she was here in 2015 and had no licence at the time so was in the middle of her 12 month ban, her refusal was in 2016 when they introduced. From what I remember she had a fine and 12 month ban and I think she had to do a course about why drink driving is bad! Do you think that after the 5 years is up she would be allowed back in - would being refused already be held against her the next time she applies? I realise it's a lot of guessing

The most frustrating thing is not being able to ask Immigration how long she has to wait - it's just a brick wall.

Former Lancastrian

For arguments sake lets say she was convicted in July 2014 and got a 12 month ban. The 5 years starts July 2015 so the earliest she could get rehabilitation would be after July 2020. If not applying for rehabilitation then July 2025 would be when she is deemed rehabilitated. She could apply for a Temporary Resident Permit but there have to be compelling reasons to come to Canada.

https://www.canada.ca/en/immigration...nvictions.html

julescg26

Thank you - I'll have to look a little closer into this. Do you reckon it's worth our time contacting my MLA? Especially to express our frustrations at the black hole of trying to find more information?

Former Lancastrian

I think I have provided more information than your MLA could.
The harsh reality.
She is inadmissible and will be for a few more years until she applies for individual rehabilitation. No eTA will be issued unless she has a TRP or rehabilitated. No guarantees a TRP would be issued but if never trying will never know.
There is one last route but it has its risks.
She flies to the US on an ESTA and return ticket back to the UK. You pick her up in the US and drive to the border. You apply at the border for a TRP to allow her into Canada for a specified period of time say 2 to 3 weeks. If refused they would send her back to the US. That is the risk not knowing what the examining officer will do.

DaveLovesDee

And the e-Ta applicant will have to apply for an ESTA for the US, and declare the DUI to them too.

Former Lancastrian

True but a DUI doesn't make you inadmissible to the USA.

DaveLovesDee

True, but still has to be declared, doesn't it?

christmasoompa

Yep, agree with all of the above, there's nothing to appeal as your friend was correctly refused, she's criminally admissible to Canada at the moment.

There's no 'black hole' of trying to find out information, it's all over the CIC website including on the ETA application which asks about criminal convictions. Here is a bit more light reading for your friend - https://www.canada.ca/en/immigration...-activity.html

You mention her being 'here' in 2015 after her conviction, was that Canada? Despite it being before the ETA was introduced, she was still inadmissible then, and that could be another reason for the refusal as she entered when she shouldn't have done.

julescg26

I know she was correctly refused, it's been trying to find out exactly how long for/how to appeal (other than federal court - and how you do that from outside Canada etc), and just other things like that. before the ETA they never asked so she didn't tell. The black hole is more about when they are processing your details, you just can't speak to anyone - I experienced this with my PR and my citizenship applications, and she had the same issue when they processed her ETA. I do realise that they can't give 1 bit of information to one person and not another, it's just very frustrating.
We shall have a look to see if she is admissible to the US, my fear was the same for the ESTA though. If you come in by boat or car, you don't need the ETA do you? Although I wonder if her passport is now flagged as inadmissible to Canada.

christmasoompa

I'd have thought that for an appeal you need to have grounds for it i.e. extreme hardship, or showing they made a mistake.

The onus is on the traveller to know the rules of the country they are seeking to enter I'm afraid. They may not have asked, but she still entered Canada when she was inadmissible.

The ETA isn't relevant, she's still inadmissible even if she swims to Canada! There is nothing she can do until she is eligible to apply for rehab, and that's been granted. No idea on ESTA I'm afraid, but the US immi section of the forum will be able to help you out with that.