Visiting Canada. Need some advice about an eTA issue

March 23, 2018 7:10 AM

I'm flying to Vancouver for a holiday in about 6 weeks and have run into a hitch with my eTA - I have a minor criminal conviction from over 30 years ago - and have been asked to provide information it that I cannot easily obtain. Not sure what the consequences of this might be or how to best approach it.

I was charged with possession of a small amount of cannabis - less than 1gm - in late 1983. This is my only run in with the police, apart from a low range speeding ticket about 8 years ago. These things took place in Victoria, Australia.

When I was filling out my eTA application, I truthfully answered a question which essentially asked "have you ever been charged with anything, ever" and gave details. I got a message from Canadian Immigration asking me to provide a National Police Certificate and a Court Judgment for the offence.

I had a Police Certificate already - showing nothing because it was such a long time ago - so I uploaded that while I started chasing up the Judgment. Next day I received another message saying the Certificate was not acceptable - it was too old and not generated for a VISA application - and they requested a new one, plus an extra document - a full Driver Licence History Search. I have requested both of these and should have them soon. I'm not sure why they asked for an extra document, possibly because they thought I was not taking it seriously?

The problem though, lies with the Court Judgment. I contacted the Melbourne Magistrates Court, where the matter was heard, and was told that they will go and look for it if I can tell them the exact day on which the hearing occurred. These are paper records and have not been digitised. I am pretty sure I worked out what day I was charged, but it was a couple of years before they got around to setting a court date and I really can't remember that date now. I thought of trying to contact the police, but (a) I live in a small town and it's a bit embarrassing to ask the local constabulary and (b) the police station where I was charged, the old Police HQ in Melbourne, no longer exists, so I can't go to them either.

My Police Certificate will almost certainly be blank - they only show what is called "unspent convictions" which this is not - and my Licence History will only show one minor offence in more than 30 years of driving. These together should, I would hope, give Canadian Immigration enough of a picture to determine that I am of sufficiently good character to be allowed to visit.

I'm wondering if, given the above, I've put in enough effort to submit a letter instead of the Court Judgment - they do say "If you cannot submit the document(s), you must tell us in writing and the reasons why you cannot" - or whether I should keep trying and if so, what would one put in such a letter? As in, I'm just not sure what kind of tone I should take with it or whether I should even try to get character references or something? This is not something I've ever had to deal with before.

In a broader sense, I'm also interested in people's thoughts about how seriously this kind of thing would likely be viewed by Canadian Immigration. If I were considering the situation, I would view a minor offence from decades go as inconsequential, but I don't know how if this is how they will look at it.

I'm aware that I may be overly concerned about it, but I'm asking here because the stakes are high enough for me - I've bought tickets and booked transport and accomodation already - that I don't really want to (further) risk being knocked back.

Thanks in advance for the AskMefi wisdom I look forward to reading and here's an email address you can get me on if you wish - [e-mail]

posted by anonymous to Travel & Transportation (2 answers total)

I can't speak to the procurement of records but I work in a law firm where we do a lot of global immigration issues. to be clear: this is not legal advice, I am not your lawyer, and this is all based on my own individual experience in immigration law that deals with work requirements rather than individual/family law

Canada tends to be relatively lenient on criminal convictions of foreign nationals and there are a number pathways which will allow you entry status. additionally, they also happen to have one of the most helpful immigration websites in the world which has a page on Overcoming Criminal Convictions

the reason why the agent is asking for a record is to see if you fall under one of these pathways. and you would so long as you can legally prove that your conviction was non-serious (ie would result in less than 10 years jail time if the crime were processed under Canadian rule of law)

the legal proof for this might look like a copy of the record on file at your local station. there might also be other acceptable types of proof (eg signed, legalized letter declaring the type of conviction) but that is a guess and not at all sound legal advice
posted by runt at 8:39 AM on March 23, 2018 [1 favorite]

I'm wondering if, given the above, I've put in enough effort to submit a letter instead of the Court Judgment - they do say "If you cannot submit the document(s), you must tell us in writing and the reasons why you cannot" - or whether I should keep trying and if so, what would one put in such a letter? As in, I'm just not sure what kind of tone I should take with it or whether I should even try to get character references or something? This is not something I've ever had to deal with before.

I haven’t been in your exact situation, but I am Canadian and have dealt with many Canadian bureaucracies in the past. I would submit the letter and take about the same tone you’ve taken in your question. Give all the detail about the efforts you’ve undertaken and the reasons they haven’t worked out and show you’ve really done your best to do what they ask. Don’t leave any doors open like the stuff about being embarrassed to ask the local police or possibilities of trying other avenues - just “I tried X, but the records were inaccessible because Y.” The message you want to send is is “I did everything I could to comply and there’s nothing more I can try.”

In my experience, Canadian bureaucracies value being honest and forthcoming and following instructions exactly, and demonstrating that you’re doing that goes a long way. The person you’re corresponding with needs to feel like you respect their process and take it seriously, and if that’s clear then they will generally do their best to help you.
posted by pocams at 8:52 PM on March 23, 2018 [1 favorite]