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ETA Problem

Copingwithlife

VIP Member
Jul 29, 2018
4,664
2,368
Earth
SOME IMPORTANT QUESTIONS.

If I have fulfilled all the requirements for the Deemed Rehabilitation, will the IRCC request me to submit police certificates and court records? Can the IRCC approve the ETA without any further explanations from the visa applicants? For example, why do they consider rehabilitated and why will they not re-offend?

If I have NOT fulfilled all the requirements for the Deemed Rehabilitation, will the IRCC give me an opportunity to explain before the ETA is refused?

If the ETA is refused, can I appeal to the Federal Court of Canada? I can't afford to appoint a lawyer. How should I do?
You’d still have to get a lawyer to file a judicial review on your behalf
It’s not a DIY
 

scylla

VIP Member
Jun 8, 2010
96,857
22,843
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
SOME IMPORTANT QUESTIONS.

If I have fulfilled all the requirements for the Deemed Rehabilitation, will the IRCC request me to submit police certificates and court records? Can the IRCC approve the ETA without any further explanations from the visa applicants? For example, why do they consider rehabilitated and why will they not re-offend?

If I have NOT fulfilled all the requirements for the Deemed Rehabilitation, will the IRCC give me an opportunity to explain before the ETA is refused?

If the ETA is refused, can I appeal to the Federal Court of Canada? I can't afford to appoint a lawyer. How should I do?
If you did not include court records, etc. with your eTA application, then my belief is that IRCC will request all of this information once they start processing your application to determine if you are deemed rehabilitatated or inadmissible. But I don't know that for sure.

If you are refused and want to appeal to the Federal Court of Canada, then you would need to hire a lawyer. You can't do this on your own while outside of Canada. You would need legal representation.
 

NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
If you did not include court records, etc. with your eTA application, then my belief is that IRCC will request all of this information once they start processing your application to determine if you are deemed rehabilitatated or inadmissible. But I don't know that for sure.

If you are refused and want to appeal to the Federal Court of Canada, then you would need to hire a lawyer. You can't do this on your own while outside of Canada. You would need legal representation.
I DON'T HAVE MONEY to hire a lawyer. Are there any free lawyer services or legal aid services offered by the Canadian Government?
 

scylla

VIP Member
Jun 8, 2010
96,857
22,843
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I DON'T HAVE MONEY to hire a lawyer. Are there any free lawyer services or legal aid services offered by the Canadian Government?
No, there aren't any free services you'd be able to use. Legal Aid is limited to people who are already in Canada.

If you are refused because IRCC says you are inadmissible, then IMO your next step is to apply for rehabilitation.
 
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NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
No, there aren't any free services you'd be able to use. Legal Aid is limited to people who are already in Canada.

If you are refused because IRCC says you are inadmissible, then IMO your next step is to apply for rehabilitation.
Are there any charitable and volunteer organisations which can subsidise the visa applicants to appeal for the ETA results? The judicial review process is only suitable for the visa applicants who are very rich and wealthy. Visa applicants with serious financial difficulties are very helpless.
 

scylla

VIP Member
Jun 8, 2010
96,857
22,843
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Are there any charitable and volunteer organisations which can subsidise the visa applicants to appeal for the ETA results? The judicial review process is only suitable for the visa applicants who are very rich and wealthy. Visa applicants with serious financial difficulties are very helpless.
I'm not aware of any.
 

scylla

VIP Member
Jun 8, 2010
96,857
22,843
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If the judicial review is successful and my ETA is approved, will I get a full refund of the legal fees from The Canadian government?
No, you won't.

I think you're jumping the gun here. You don't even know the eTA is going to be refused yet. Wait for the results of the eTA before you worry about appealing. Based on your previous posts, it seems you are very confident that you are deemed rehabilitated. I would recommend thinking positive and hoping for an approval. It just might take a while because your case is not straight-forward. Good luck.
 

NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
No, you won't.

I think you're jumping the gun here. You don't even know the eTA is going to be refused yet. Wait for the results of the eTA before you worry about appealing. Based on your previous posts, it seems you are very confident that you are deemed rehabilitated. I would recommend thinking positive and hoping for an approval. It just might take a while because your case is not straight-forward. Good luck.
Thank you very much. My Canada ETA application is still in progress and there is no result now.

However, I got New Zealand ETA approved. I ticked 'yes' to a criminal record question. No need to explain anything. No need police certificate and court records. No need to write any letters. Only 10 hours was passed and I got an ETA approved.

Very happy today!!!!
 

Rehabman

Full Member
Jun 22, 2022
27
3
Thank you very much. My Canada ETA application is still in progress and there is no result now.

However, I got New Zealand ETA approved. I ticked 'yes' to a criminal record question. No need to explain anything. No need police certificate and court records. No need to write any letters. Only 10 hours was passed and I got an ETA approved.

Very happy today!!!!
Hi,

I applied for an ETA 2021 Feb. which was under review until Feb 2022 and i was instructed to apply for a rehabilitation application. ive submitted it and five months have gone by.

london office is very thorough and you should expect slow response.
 

NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
Hi,

I applied for an ETA 2021 Feb. which was under review until Feb 2022 and i was instructed to apply for a rehabilitation application. ive submitted it and five months have gone by.

london office is very thorough and you should expect slow response.
Very slow. My Canada ETA is also very slow.

On the other hand, the processing for New Zealand ETA is very fast and efficient. Only 10 hours and my ETA was approved. No need to explain anything. No need police certificate and court records. No need to write any letters.
 

NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
I just received an email from the IRCC today stating that I need to provide a Police Certificate and a Court Record.



However, the IRCC had not commented on whether or not I had fulfilled all the requirements for the Deemed Rehabilitation.



I had made an ETA application in May 2017 and provided a Police Certificate and a Court Record.



The IRCC should know the nature of the offences based on the Police Certificate and Court Record provided in the ETA application in 2017.



Why didn’t the IRCC comment on whether or not I had fulfilled all the requirements for the Deemed Rehabilitation in this time? If I can know the result immediately, then I should not apply for the Police Certificate now. Otherwise, it would waste my time and money.



Of course, if the IRCC had commented that I had fulfilled all the requirements for the Deemed Rehabilitation, I don’t mind to apply for a police certificate immediately.
 

scylla

VIP Member
Jun 8, 2010
96,857
22,843
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I just received an email from the IRCC today stating that I need to provide a Police Certificate and a Court Record.



However, the IRCC had not commented on whether or not I had fulfilled all the requirements for the Deemed Rehabilitation.



I had made an ETA application in May 2017 and provided a Police Certificate and a Court Record.



The IRCC should know the nature of the offences based on the Police Certificate and Court Record provided in the ETA application in 2017.



Why didn’t the IRCC comment on whether or not I had fulfilled all the requirements for the Deemed Rehabilitation in this time? If I can know the result immediately, then I should not apply for the Police Certificate now. Otherwise, it would waste my time and money.



Of course, if the IRCC had commented that I had fulfilled all the requirements for the Deemed Rehabilitation, I don’t mind to apply for a police certificate immediately.
They need the court records and police certificate to determine if you are deemed rehabilitated.
 

NordkappAsahiBeer

Full Member
Jun 9, 2022
46
1
They need the court records and police certificate to determine if you are deemed rehabilitated.
But I had submitted court records and police certificate in eTA application in 2017. The IRCC may have records and they can determine if I am deemed rehabilitated this time. Why they still ask me to provide court records and police certificate?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

But I had submitted court records and police certificate in eTA application in 2017. The IRCC may have records and they can determine if I am deemed rehabilitated this time. Why they still ask me to provide court records and police certificate?
1. In case you have a new conviction since 2017