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Non UK citizen Visiting Canada & UK Criminal Record

Non UK citizen Visiting Canada & UK Criminal Record

Old May 17th 2012, 1:46 am
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Exclamation Non UK citizen Visiting Canada & UK Criminal Record

Hi, i have been out of my mind searching all over the internet for an answer to this hopefully someone on here can answer this.

I am not a British Citizen but i was in the UK for two years and in Nov of 2010 was convicted of a minor offence (basically a bet with a mate and got caught) the stolen stuff was less than £11 i was arrested but given the a fixed penalty i think that's what its called of £80 but if its paid within 24 hours its reduced to £40 which i did and paid the £40 on the way home from the station. It was a very stupid mistake which i regret making.

Now the question is i am planning to travel to Canada this June and i want to ask would i be able to get into Canada with this type of record, the police officer who arrested me told me i dont have to declare this as a criminal conviction if asked anywhere as i wasn't taken to court or anything. And neither am i a British citizen so would this impact my visit.

Or would they check against their UK police records even if i am not a British citizen? even though i have lived there for some years ?

Last edited by Brainiac; May 17th 2012 at 1:48 am.
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Old May 17th 2012, 7:01 am
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Default Re: Non UK citizen Visiting Canada & UK Criminal Record

You may want to read up on "criminal inadmissibility". Click here:

http://www.cic.gc.ca/english/informa...lity/index.asp

..and here:

http://www.cic.gc.ca/english/informa...conviction.asp

Those links above should give you good background. No one can say what the Border Security Officer will say or do however, regarding your case.

Given that you said you were convicted less than 5 years ago, it potentially is risky to say the least at the point of entry.

Read this bit of the guide to trying to get in as 5 years haven't passed:

http://www.cic.gc.ca/english/informa...TOC.asp#5312E5

It refers to forms - they are here:

http://www.cic.gc.ca/english/informa...ns/rehabil.asp

You can use the rehabilitation application forms and check the box that says 'for information only'. You cannot apply properly for 'rehab' as 5 years have not passed.

It's risky but as long as the officer decides you're not a threat etc - you may be ok for that exceptional route of a TRP at the port of entry. I'm not a BSO though - so don't go booking your plane ticket on my say so

Good luck at the very least.
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Old May 17th 2012, 1:37 pm
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Default Re: Non UK citizen Visiting Canada & UK Criminal Record

Pay particular attention to this section from CIC Manual ENF2.
So ask yourself this
1. Did you commit the offence?
2. Were you convicted of the offence?
3. Is the offence equatable in Canada in your case could be theft under $5000 or possession of stolen property Im assuming in this case it was shoplifting/theft. (Section 322(1) Criminal Code of Canada which would make you inadmissible under section 36(2)(b) IRPA.


Officers should also recognize that a decision by a local policing authority not to prosecute is often a result of considerations that are specific to the criminal justice context and not necessarily consistent with the objectives of managing access to Canada. In other words, a decision by a local policing authority not to lay or proceed with charges should not automatically be considered as prima facie evidence that an offence was not committed; nor should officers be overly capricious in the use of the Act‘s inadmissibility provisions.
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