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Canadian visa with a police caution
4 Answers
This year I received a police caution for fraud (effectively theft with fake id). I have not been in any trouble before or since (and if it counts at all, happened whilst I was suffering from depression), and I am worried about my future travel prospects, especially to Canada where I have family. I've read conflicting information about whether a UK caution is effectively considered a conviction in Canada, or not at all. Could someone please clarify this? Also, I believe I'm correct in saying that whilst noone actually checks on convictions when entering Canada, technically you are not allowed to enter (unless declared rehabilitated after 5 years have passed). This wouldn't appear to prove a problem when travelling as a tourist, however I was really hoping to stay longer than 6 months at some point, and possibly work there, and I have a couple of questions. Firstly, could I ever be granted a working visa? (and does the concept of rehabilitation apply to working visa?). And secondly, if so, would any tourist travel before then (effectively not intentionally declaring this) harm the application? Many thanks.
Answers
Best Answer
No best answer has yet been selected by Lolly99. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.As you seem to have realised, the chances of the Canadian immigration authorities finding out about your caution are probably zero.
However, the 'official' answer to your question is that you must wait until 5 years after the date on which you committed fraud and then apply for rehabilitation (for which you have to pay a C$200 fee). Quote:
"You are eligible to apply for rehabilitation if you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act".
Source:
http://www.cic.gc.ca/english/visit/faq-inadmis sibility.asp
As I read the information on the Canadian Immigration website, the rules regarding 'inadmissibility' and 'rehabilitation' are common to all people seeking entry to Canada. (i.e. you're inadmissible to enter, even as a tourist, for a period of 5 years. Thereafter, you can seek rehabilitation and you'll then be eligible to seek any type of visa for which you would have been eligible if you'd not committed an offence);
http://www.cic.gc.ca/english/visit/apply-who.a sp
If you 'forgot' about your brush with the law, for the purposes of tourist travel, it could present a problem with a later application for a visa (on which you declared your conviction) because, by not mentioning your caution, you'd effectively be committing fraud again.
Chris
However, the 'official' answer to your question is that you must wait until 5 years after the date on which you committed fraud and then apply for rehabilitation (for which you have to pay a C$200 fee). Quote:
"You are eligible to apply for rehabilitation if you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act".
Source:
http://www.cic.gc.ca/english/visit/faq-inadmis sibility.asp
As I read the information on the Canadian Immigration website, the rules regarding 'inadmissibility' and 'rehabilitation' are common to all people seeking entry to Canada. (i.e. you're inadmissible to enter, even as a tourist, for a period of 5 years. Thereafter, you can seek rehabilitation and you'll then be eligible to seek any type of visa for which you would have been eligible if you'd not committed an offence);
http://www.cic.gc.ca/english/visit/apply-who.a sp
If you 'forgot' about your brush with the law, for the purposes of tourist travel, it could present a problem with a later application for a visa (on which you declared your conviction) because, by not mentioning your caution, you'd effectively be committing fraud again.
Chris
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