Page 3 of 4 · Back to the first post
Thanks, guys, for sharing your 2 cents.
Would anybody know whether someone with 'substantial criminal record' can still technically be granted the visit visa?
With the US, once you're inadmissible, you need a waiver (along with a visa if you're not Canadian or Bermudan), how would that transfer to the case of Australia?
Is there an equivalent to a waiver for Australia? Or should someone with a criminal record should just apply for a visa (with sufficient documentation), then hope for the best?
In Canada, you can get a pardon but you must pay for it after a certain time has passed, usually for minor crimes after 5 years and for major crimes after 10 years. There is a 3 strike rule and certain crimes like murder and aggravated sexual assault on minors which no longer qualify for pardons.
Australia and the UK do not have pardons but for minor crimes, your conviction is usually not erased but you no longer need to disclose it after a certain time has passed, we call this a spent conviction. Unlike the UK which recently reduced the length of time for the disclosure of said convictions, Australia kept the Canadian timeframes which are 5 years for minor crimes or 10 years for major crimes.
Obviously, if your crime was a major one like murder or violent crimes towards women or children, you will never get a Visa to visit Australia. This is a recent change implemented on Feb. 28th by the australian government.
Unfortunately, nowadays politicians leaning right or left seems to believe that punishing people for past indiscretions do not deserve second chances.
Curious if anyone with records has travelled to Israel? Debating heading there this summer.
I do have dual citizenship with a 2nd passport that also has visa free access, but I would prefer to travel on my canadian if possible.
Also curious if anyone has had any issues with Europe / Schengen? I know the ETA is coming in for 2021, but may head there before then.
Any feedback would be great!
I have been all over Europe and in Jamaica with absolutely no problem. It’s my understanding that I can go anywhere in the world but the USA with my record. I have applied for the us entry waiver 11 months ago and sent a inquiry about a month ago with no response.so I have no choice but to not travel to the states until they see fit to process my application
I had a waiver client (he has a 5 year waiver) who still has his criminal record in Canada. (No pardon).
He was trying to enter Australia and was refused entry at LAX. He was basically refused a Visa.
Can anyone comment any expertise, past experience, even anecdotal evidence?
#49, I find most people traveling to Australia require a Pardon first. Cases that I have dealt with are people who are applying for visas as they own oil consulting business and have been offered a contract to do work there. They absolutely need a pardon, even for basic DUI. Not surprised he has been denied. There were some comments on here previous about people getting through with no problems..I personally have not dealt with anyone who has a criminal record, and was granted a visa without a Pardon.
#50, Michelle, define a basic DUI ?
I had an impaired charge in 1981 that doesn't show in my RCMP record report.
I assume It wasn't a criminal charge back then so no criminal record. Correct?
they need to apply for the 601 visa at least a month ahead of time. They can't do the short notice e-visa or they will be rejected with a record.
I know folks who have been approved. They don't neccessarily need a pardon, but depending on the charges it's pretty similar of a process to the us waivers (submit the app, tell them the charges, why they should let you in, etc). Most I've talked to that got approved had charges within the last 10 years of various stripes.... but were honest about everything. They weren't applying for the work visas though, just the tourist visa that required up front disclosure (not the e-visa)
And for the record.... if your sentence was more than 12 months, you're likely to be denied. They aren't clear though if they only look at actual incarceration or not. And they don't mention much about probation.
@casper I have seen plenty of DUI's form 1981. It was a criminal offence back then but obviously looked at differently back then and the penalties reflect that. Criminal record keeping is not perfect and prone to human error. I had a woman in my office with a 10 year old DUI. We could find no trace of it at the local level or on the RCMP report. It happens from time to time, although record keeping has gotten much better recently.
@Casper, I call a basic DUI, where there was a small fine and no probation. DUI sentences are increasing now, even for first timers. I also also call it that if no one died, or was injured. Just my own terms...John Rogers is correct, and explained it perfect in the fact that sometimes information does not make it to the RCMP in Ottawa, due to human error.
#52 @jazzsax. I assume you mean the subclass 600 visa.
just fyi I've traveled all over Europe and Asia, UK, Aruba, Africa, etc. Never had an issue with my Canadian record. AFAIK it will only be a problem visiting Australia and the US - again visiting the other countries are not a problem, but once you apply for immigration (work, school, etc) is when they will need a police clearance.
Apparently the EU is putting in a Visa system in 2021. I assume that will make it harder, but no concrete evidence yet.
As I tell everyone, the best time to get a Pardon is when you DON'T need it. There is no benefit in having a criminal record, but plenty of possible problems (many of them unknown to you) to having it.
I coach my sons basketball team (as well as high school rugby) and I always get fathers who are very knowledgeable and I ask them to help out. Sometimes they say yes but sometimes you can see they want to....but refuse. I always wonder if its the fact they might not be able to pass a police clearance.
A couple of times a year I get elderly people who had some sort of dispute with a neighbor or someone in line at a grocery store....when the police show up and run them, suddenly they become "the bad guy". Unless your running a criminal enterprise and need the street "cred", a criminal record is literally a ticking time bomb.
By the sounds of it, the european process will still likely allow people with records to get the visa, provided the record isn't substantial based on where you are travelling to (ie, drug trafficking, human trafficking, murder). Supposedly the oversight and review will be done by the country that you intend to land in on your flight (when you submit the e-visa application) and you're not supposed to be unreasonably denied.
I plan on applying as soon as the visa application is available and will let people know my results.
@Jazzsax
European countries are generally lenient with criminal records and allow for second chances after a certain time has passed. The system was set up mostly to curb illegal immigration as the continent is having a hard time to cope with a huge influx of refugees. Also, many of the newcomers have committed horrible acts towards the local population that welcomed them with open arms. This is a conversation for another time perhaps.
European countries always denied entry to suspected human and drug traffickers, agitators that preach hate and suspected terrorists. They will not deny entry for people convicted of minor crimes because many of them have the right to obtain a european passport by descent. It is a fair system and a policy that our neighbor should adopt. Unfortunately, the Republicans have a tendency to spread lies to the masses.
