comet555

Ok... my dad is coming over to visit me in December. I'm trying to figure out what kind of visitor visa he should get. I think he should go for the tourit/visitor visa that you apply for on paper. My dad however only wants to get the regular ETA.

Now, here's the tricky part. My dad was once convicted of something in Canada (about 28 years ago). Since then he received a full pardon and no longer has ANY criminal record in Canada. So he can legally say that he has no criminal record, in Canada anyway.

He thinks he should just get an ETA because technically he does have a perfectly clean record, and he's within his rights to say he's got a clean record. If Australia has any access to the Canada system then they would also see a clean record.

So, in theory my dad would be right and an ETA would be fine. Just wondering what everyone else thinks?

ponyrama

He wont have any problem getting an ETA as you just tick the boxes - you do it all on line - however if he has any plans to come to Austrailia permanently in the future I would advise the e676 visa, declare the above information and then he is all totally above board. They may ask for a Canandian police check but if he explains on the form that it has been wiped from record and wont show up then they might not do. This may seem over cautious but if he does apply for a more permanent visa in future and it shows up on his checks then it wouldnt look good.

The e676 can also be done on line, is free if you apply from UK on UK passport and and usually takes less than two weeks to process.

comet555

Good to know. I did explain the other visa for him but he doesn't really want to go through the trouble, or be treated differently I suspect. It's a long time ago and he's honest about the whole thing but I'm sure it bothers him that he did such a stupid thing even if it was about 30 years ago.

He'll probably only visit about once a year for 4-6 weeks each time, so at this point there's no plans for anything more permanent. Although who knows he might love it here!

He does have a card and piece of paper that he travels with just in case any problems come up, so he'll have that if immigration gives him any problems.

charlie5

I thought there was a $100 charge for the e676 visa?

Charlie

jayletz

Yep, should be all fine, just get an ETA visa and tick the boxes on the plane.

comet555

I'm confused about that too. I thought there was a charge as well, can't remember the amount though.

charlie5

Just found the info on Aussie Immigration site.

Free if EU national applying onshore and online for 3 months.

Else $100. Pity, I thought I could save a few $s.

Charlie

comet555

Well they're Canadian so that wouldn't work. Good for people in the UK though.

GinaUK

This is probably not what you want to hear: When you apply for the ETA (or the tourist visa) it asks whether you have had any criminal convicitons in any country. In other words: it's not about whether your dad has a criminal record now, but whether he was ever convited of a crime.

He should just tick the "yes" box and then explain that it was 28 years ago, he rec'd a pardon etc etc. They will let him in, no problem (they are only worried about recent convicitons with prison terms). Much better than lying about it, being found out, and being banned from entering Australia for three years. (You don't know what info the Canadian police records hold on your dad. It may be like the UK system which would say he has no criminal record now but had a conviction 28 years ago.)

ETA info here:
http://www.immi.gov.au/visitors/tour...bligations.htm

Gina

comet555

Yes, that's what I'm afraid of. But the problem with an ETA is that you can's just tick yes and explain, or at least I don't think you can.

I've tried explaining all this to him, and I've told him he should apply for the others visitors visa. Unfortunatley he just wants to get the ETA, despite what his wife and myself think (stubborn!). I will send him the link for the 676 because it looks like you can do it online. Hopefully he'll do it then, the last time I mentioned it I thought it was paper based.

But what I'm wondering is if he gets the ETA, would he have big problems in Australia (ie. sent back). The only way he can get it is if he says he has no convictions. He thinks he can say that because of the full pardon. He will be carrying the card/paperwork on the pardon so I'm hoping they would be lenient if he explained the situation and why he checked the no box.

For me... it's just silly and he should just get the 676 and be done with it.

GinaUK

What happens is that when he ticks the "yes" box for the question on criminal convictions, the ETA will be refused. It's automatic (because it's just evaluated by a computer not a person).

That's why he should apply for the visitor visa where he can explain (and it won't be a problem).

In theory they can send him back.

We've got a TV programme here that "follows" the border security people and each week there is a case of someone being sent back because they ticked the "no" box even though they had a criminal conviction. But these are always recent convictions and the people don't have a pardon.

In the programme it's never explained how the border security people find out that the person has criminal convictions. Whether they do random checks or whatever, I really don't know.

I would also hope that they would be human and be lenient if your dad explained why he ticked the "no" box.

But there is always the risk you get a "jobsworth" who will argue that because your dad lied that's it - cancelled visa (and that means an automatic three year ban on entering Australia again).

Hopefully you can convince your dad that it would be stupid to run the risk. Much better to apply for the visitor visa, tick the "yes" box and explain. That way there won't be any "complications".

But it may be a case of "can lead the horse to water, but ..."

Gina

comet555

Yes... I'm working on it! I've also got his wife working on him too. She's the one sorting out all the visas and travel plans. She would just do the visa online for him except she needs all the details, which she has to get from him. I'm sure in the end he will get the appropriate visa... the trick is to let him think it was his idea

alex6566

Hi there i would like to add two things. as i find myself in the same boat as your dad. (person in question on this thread)

You cannot apply for ETA if you have a criminal conviction. I was told by austalian consulate in canada.

The true answer to the question box, according to legitimacy of his pardon is ''yes ihave a conviction, but it has been pardonned''

i guess no one know if they do random checks, his canadian convictions appear on a system called CPIC, only law authoritys have access to. and is then deleted from this system once he is pardonned.


http://www.johnhoward.ab.ca/PUB/A5.htm#The
(good news for your dad on this link)
__________________________________________________ ___________

I would like to turn to this forum to ask if i will be refused an australia visa.

I have a substantial criminal record, according to its description.
1998 2 convictions (drug related) 2 years minus 1 day, imprisonment
2000 1 conviction 3 year imprisonment.

finished full term since 2003,ever since have been a normal citizen, and tax contributor to society. I was foolish and influencable in my 20s.


I have a great job, i own several businesses here, but i want to tavel the world and go to australia in particular, i can only apply for pardon in 2011,
but prefer not to wait that long ill be 35 by then.

Does anyone know if i have a standing chance of getting a visa, or will i be straight turned down for life?

sad story, i hope they could judge me of good character :
documented police record checks for the past 5 years say so.
I have collected these documents for a pardon application.

Any help pls?

alex6566

A criminal record does not impact the ability to travel within Canada; however, if a person wishes to travel outside of Canada, there are a number of considerations.

Every country has its own rules and practice about visitors with criminal records. It is recommended that people with criminal records who want to visit a foreign country contact that country's consulate or embassy to obtain information on each country's practice.

Some countries, like the United States, may require a person to get a travel waiver. Travel waivers are documents that allow persons with criminal records to travel to the United States. Waivers can be obtained at the Department of U.S. Immigration located in the Edmonton and Calgary International Airports or at any border crossing. The processing cost is $120 U.S. The waiver is good for five years. If there are questions about travel waivers, the U.S. Immigration Department can be contacted at both international airports (see contact numbers at the end of this document). It takes six to nine months to process a waiver.

Since the United States and some other foreign countries have access to the CPIC system, customs officials use the CPIC system to determine whether individuals have criminal records. If a person has a criminal record and/or travel waiver, U.S. Customs will enter the person's criminal record information into their own system - where it will stay indefinitely. If a person tries to enter the U.S. in the future, regardless of whether he or she has received a pardon, Customs officials will have the criminal record documented in their system.

Canadian pardons do not have legal force outside of Canada. The United States is not compelled to destroy their copy of the record when a Canadian pardons is granted. This means that if U.S. customs have previously entered a person's name into their own system, they would have that person's criminal record even though the record would no longer appear on CPIC. In such cases, people with a pardon may also wish to consider applying for a travel waiver.

Note: Information from CPIC is retained indefinitely in the U.S. computer system if customs is alerted to the existence of a record for any person attempting to cross the border. If a person has a record and has entered the U.S. in the past without their record being checked, a pardon will be helpful because it will remove the record from CPIC. Since that person's name no longer appears on CPIC, that individual no longer has a criminal record. If Customs asks whether the individual has a criminal record, the individual can say "no." This also applies if a person has received a pardon and has never entered the U.S. The best advice in any situation is to be as honest as possible and remember that Customs can deny or allow a person to enter the U.S. at their discretion. Travellers should also assume that any criminal record information provided to Customs officials will be entered on their police information system for future reference.

comet555

He travels frequently to the US and also has hassles. He does have a travel waiver plus he carries a special card of something. He also gets through it's just sometimes they they can be a pain about it and other times he breezes through. He used to travel regularly before 911 and had no problems. Then he got sent back once.... which resulting in him getting the full pardon and waivers and such. But he knows it's still in the system in the states.

That's the question about Australia though.... he's never been there before probably would have no account of all that history. So I'm just not sure what would pop up when he entered. He seems to think because he's never been there before and he has a clean record in Canada that they won't see anything. I know he should just get the 676 visitor visa and be done with... still have to convince him though.