Where can you travel with a Canadian criminal record?

hogtownposted 7 years ago

Hey fellow canucks. I've got 3 criminal offences dating back over the last 20 years. Just applied for my first US entry waiver at Pearson airport and I know it can take many months or so for a decision (based on what I've read here). The US is obviously off limits for me this summer. So where else can you travel with a Canadian criminal record? Do the European countries have the ability to do a Canadian police check? What about Asia? Or the Caribbean countries? I've haven't been out of Canada in at least 12 years and really looking forward to seeing some place different this summer. Also thinking about applying for a record suspension with Pardons Canada so I'm also interested in opinions on that.

Replies (recent first):

Pretty sure if you have a record you don't apply for the ETA but you apply for the 601 visa and declare everything. from there they can decide to grant or not grant based on the rules (they consider more than 12 months imprisonment substantive), but they *can* grant a visa if you don't qualify. I've heard the more info you give the better, along with proof you have means to go home, and can show reform.

AC flies direct to Sydney Brisbane Melbourne and Perth. Lots of options. Definitely don't buy a flight until you have the visa in hand.

jazzsax1 replied 5 years ago   #36

#37 @WaiveMein

Sydney to Vancouver is a non-stop flight of about 15 hours and Air Canada flies that route.

That's just one that I'm aware of. So yes there are direct flights from OZ to Canada.

And I agree... getting refused from that part of the world would suck immensely.

Adelaide replied 5 years ago   #35

Has anybody here with a criminal record been able to apply for Australian ETA, disclose the criminal record, get approved, then enter the country without issue?

Getting refused entry from that part of the world would not be fun at all, I'm not even sure how the deportation would work since there doesn't seem to be any direct flight from any Australian city to any Canadian city (correct me if I'm wrong).

It's not a simple matter of getting turned away at the Rainbow Bridge, where you can just immediately reenter Niagara Falls, ON!

WaiveMeIn replied 5 years ago   #34

#34 Adelaide, thanks for the update, can you provide a news link? Thanks!

Michelle replied 5 years ago   #32

***Breaking news on travel to Australia:

And just a FYI

In the past, Australia has denied travel visas to R&B singer Chris Brown and boxing star Floyd Mayweather due to domestic violence convictions. They’re taking this stand against domestic violence one step further by barring any visitor with a domestic violence charge against women or children from entering Australia.

The law came into effect on Feb. 28 and applies to all offenders regardless of where they’re from, where they committed the crime or what their sentence was. In addition, anyone who is currently visiting or living in Australia on a visa and has a record of domestic violence will be kicked out.

The new laws add to existing legislation that withholds or removes visitor visas if the visa holder has been sentenced to 12 months or more in jail.

Adelaide replied 5 years ago   #31

@Michelle

Being in Ontario I have dealt with clients of this company before. They are just horrible.

It seems that the more money they spend on internet presence the more they feel justified in ripping people off.

The client needs to put a bad review on google so others are warned. Don't forget, even just for fingerprinting, that is something more and more people will look at. It will hurt them just to have the review there.

John Rogers replied 5 years ago   #30

I am sooo frustrated with these "SCAM" companies. Just had an individual who came into my office to do fingerprinting for a Pardon. (He hired Canadian Pardon Application Services in Ottawa, ON). He was charged $200 for a Pardon Consultation which included the following description..a review of his criminal history and where to get fingerprints. He tells them he has upcoming court, and they say.."that's okay, once you are done court, we can carry on with your Pardon for an additional $1500..just provide us your credit card number. "----Which he does, because his English is poor and he doesn't really understand what is going on. So I refuse to fingerprint him, because there is no point!!!!...He has criminal charges before the court and on top of it he has a previous 2017 sexual assault conviction..No way in hell is he eligible for a Pardon right now, not for several years, depending on court!!! And even if he is found not guilty for these recent charges....we still have to deal with the Sexual assault, which is minimum 10 years before he is eligible if he even is...which is another story. I don't know how these companies sleep at night..they just steal money and hope from people... My Rant of the day....

Michelle replied 5 years ago   #29

I don't see that to be any problem.
I am on my 4th 5 year waiver and have had no problems whatsoever going to Europe , Asia, South America and the Middle East.

wishbone replied 5 years ago   #28

So looking to fly to the EU this summer.

YYV-YVR-MUC-REK (basically avoid the US to fly to Reyjavik Iceland via Munich or Frankfurt).

Anyone aware of anyone being denied due to records in the EU? I know everyone keeps saying "just go" but I want to cover my butt.

jazzsax1 replied 5 years ago   #27

@ Michelle that is great news!

I can't tell you how many problems that victim surcharge creates.

Lets hope this is the first of many changes.

John Rogers replied 5 years ago   #26

HATS BOOTS HATS is 100% correct.

KSCOTT replied 5 years ago   #25

Update to Pardons: Hi All, I am putting this here, as this is a big step in the right direction for improving the Pardon Process. This was just posted on the Parole Board of Canada website"

New information for record suspension applicants regarding victim surcharges

A recent Supreme Court of Canada ruling struck down the mandatory victim surcharge imposed on offenders as part of their sentencing, under section 737 of the Criminal Code.

Before this ruling, applicants had to prove that they had paid all fines in full before being eligible to apply for a record suspension/pardon. Going forward, outstanding victim surcharges imposed on or after October 24, 2013 (under Section 737 of the Criminal Code) will no longer be considered when reviewing eligibility for a record suspension/pardon application. All
other fines and surcharges must still be paid in full.

If your application was returned to you because of an outstanding victim surcharge, you are encouraged to re-submit your application.

Michelle replied 5 years ago   #24

Australia will ask wether a Canadian has a criminal record. All foreign nationals excluding countries that don't have Visa free access to Australia have to apply for an eVisa online or ETA.

Australia will deny access to anyone who doesn't meet their moral character requirements. One of the requirements is the so called substantial criminal record, this means anyone that spend more than 12 months in jail in any foreign country must apply for a regular Visa to visit Australia. These requirements are being changed every year and becoming more strict. I believe it has now changed to more than 6 months in jail. The requirements are shown on Australian official government websites.

Most Canadians don't have substantial criminal records. They will not be denied entry. The UK, New Zealand and Australia have the concept of spent and unspent convictions. Most convictions do not need to be declared after 10 years have passed as the offender is deemed rehabilitated after he/she/they complete their sentence. It's a similar process to a Canadian pardon. The only difference is that it's an automatic pardon.

A Canadian pardon will not reveal any convictions so someone can say they don't have a criminal record when they apply for an Australian ETA. However, if they find out about it, someone can be charged with misinterpretation. Australia has a tougher justice than in Canada. A Canadian can get into deep trouble.

HatsBootsHatsBoots replied 5 years ago   #23

Unlike other countries we can visit without visa, the thing with visiting Australia is, every foreigner needs visa except for New Zealand nationals.

Canadians can apply for it online (ETA), and don't need to go to the embassy or send any documents, but they still need it all the same, and in the online application for ETA, they WILL ask you whether you have any criminal record.

The only way to hide it is if you lie during the online ETA application.

You may get away with lying while filling the online application for ETA, but it is obviously not recommended for a very obvious reason (misrepresentation), can potentially end up really really bad.

WaiveMeIn replied 5 years ago   #22

Jazzsax1 and WaveMein,

When you travel to Australia and if the Officers asks you if you have any criminal convictions just look at them blankly and say "I wasn't aware that that was still a requirement for entry."

Adelaide replied 5 years ago   #21

I should add that the work permits required a pardon regardless of conviction. Most of the ones I did pardons for were simple DUI..but policy was no criminal record - that was 3 years ago..not sure of any changes or updates now..

Michelle replied 5 years ago   #20

@19 Jazzsax1 and 20 WaiveMein, I am not a big expert about traveling to Australia, but this is what I tell my clients, if you are traveling to Australia for the time that does not require a visa, (I think is less than 3 weeks?) you should be okay with your criminal record. However, if you need to apply for a visa, then you probably need a Pardon in place. I did several pardons for clients who were working in the oil field as consultants a few years ago and needed work permits. I have not had anyone come back and tell me otherwise.

Michelle replied 5 years ago   #19

I think if you know you have what they call 'substantial criminal record', you would have no choice but to apply for a visa, and see if they would grant you one. My guess is, they'd probably still reject it due to this criminality, though I'm not sure if there is something like a criminal record waiver for visiting Australia.

WaiveMeIn replied 5 years ago   #18

@WaiveMeIn - If I understand correctly if you known you would be inadmissable under the ETA (ie, certain convictions would be), you apply for a visa (600 or 601 I think it is?) and then go through the slower month+ process to get a visa and declare everything. Unfortunately they are part of 5 eyes so they do get info shared which can easily pop up...

Ironic given that their nation was founded by a bunch of criminals....

jazzsax1 replied 5 years ago   #17

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