ETA Inadmissible -paragraph 36(2)(b) help please!

[timberface]

Hi all

I applied for a ETA visa for a short trip with my partner who is a Canadian citizen.

I’m irish but we both live in Australia.

I’m have two criminal convictions.

Criminal damage -bond to the peace for 12 month, €100 fine . May 2002

Drunk and disorderly, €100 fine March 2000

I declared both these convictions on my application.
I was asked to provide a police report and a court report, which I did.

My ETA was refused on the grounds for

• You are found inadmissible to Canada under paragraph 36(2)(b) of the IRPA: having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.

You are welcome to apply again if you feel like you can respond to these concerns and can demonstrate that your situation meets the requirements.

I have started a new application and have asked for a chance to explain this events.
The message back was they want the same court report and police report again?

Should I just upload the same again, or try and upload different ones too?

Also I thought section 36(2)( b) was non serious crime and it shouldn’t have mattered after a certain number of years had passed.
It’s been 16 and 18 years and I d had a clean record since.

Please help, my partner booked flights for next week, we didn’t realise this would be a problem.

 

[zardoz]

Hi all

I applied for a ETA visa for a short trip with my partner who is a Canadian citizen.

I’m irish but we both live in Australia.

I’m have two criminal convictions.

Criminal damage -bond to the peace for 12 month, €100 fine . May 2002

Drunk and disorderly, €100 fine March 2000

I declared both these convictions on my application.
I was asked to provide a police report and a court report, which I did.

My ETA was refused on the grounds for

• You are found inadmissible to Canada under paragraph 36(2)(b) of the IRPA: having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.

You are welcome to apply again if you feel like you can respond to these concerns and can demonstrate that your situation meets the requirements.

I have started a new application and have asked for a chance to explain this events.
The message back was they want the same court report and police report again?

Should I just upload the same again, or try and upload different ones too?

Also I thought section 36(2)( b) was non serious crime and it shouldn’t have mattered after a certain number of years had passed.
It’s been 16 and 18 years and I d had a clean record since.

Please help, my partner booked flights for next week, we didn’t realise this would be a problem.

The problem is that there are two or more offences. Each on their own may not be serious but...

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html

Serious criminality

• 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
    
    
  • (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
    
    
  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
• Marginal note:Criminality
  
  (2) A foreign national is inadmissible on grounds of criminality for
  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
    
    
  • (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
    
    
  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
    
    
  • (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

You are now into this territory -> https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

 

[timberface]

Thanks for the reply.

Does this mean I can convince a immigration officer, but how can I if they will only let me upload my police/court report..

Also if I have to get a rehabilitation done, is it the serious or non serious?

I’m guessing at this stage it’s too late to apply for rehabilitation or the temporary resident visa?

 

[zardoz]

Thanks for the reply.

Does this mean I can convince a immigration officer, but how can I if they will only let me upload my police/court report..

Also if I have to get a rehabilitation done, is it the serious or non serious?

I’m guessing at this stage it’s too late to apply for rehabilitation or the temporary resident visa?

All of this will take time. You'll need to go to https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html and read up on the process.

 

[timberface]

I’ll have a read tonight, but from what I understand I won’t have enough time.

Is it possible it get a officer to be lenient from documents uploaded or are the offenses too serious.?

If so, should I just pile of these documents in with my police and court report.

 

[bellaluna]

This won’t be settled by next week. You can try to show the airline your ETA refusal to negotiate rebooking, cancellation, or lesser fees for the adjustment.

 

[timberface]

My ETA got granted, thanks.

 

[forci0ne]

Hi Timberface,

Same situation, only my trip is planned may 2019. How did you got ETA approved that fast?

Peter

 

[timberface]

Not sure mate, my flights were booked and I provided details of this so maybe they fast tracked it...

Provide as much details of every detail as possible.

Best of luck.

 

[owainhopkins]

hi timberface,

I have the exact same problem. Where on the second application did you ask for a chance to explain teh events?

Thanks,

Owain

 

[timberface]

Hi..

On the application, there is a section at the end where they ask you to provide a brief explanation.

I explained, in fact, a little about what I wanted to do because they do not give you much space..

Then when I uploaded documents, I added multiple files together in PDF’s.

 

[owainhopkins]

Can i ask about what you wanted to do and what documents you uploaded in PDF's?

Your the only person online I can find who has been accepted with the same circumstances as me

 

[timberface]

I explained how to I wanted to meet my partners family etc..

I then uploaded all my court reports, police certs, flight details.

I also added an explanation of the details about my criminal convictions, how they happened from my point of view in detail.

I also added how my life was completely different now (these events were almost 20 years ago) and what I have achieved in life, education etc etc since those events.

I think I was pretty lucky to get accepted this way, but I was out of time.
If you have enough time, I would be applying to see if you need rehabilitation.

 

[LifeDreamer]

You are actually admissible and were refused the ETA the first time in error. The drunk and disorderly offense is not a crime in Canada and thus you were left with criminal damage which is more than 10 years ago and therefore were deemed rehabilitated. It is also possible that it wasn't equated after getting the details.

Explaining your actions or pleading for consideration on the ETA will lead you nowhere. The officers don't have a choice and cannot consider your circumstances. You were simply approved the second time because the first one was rejected in error, and not because of your explanations.

 

[Jode1989]

I have exactly the same problem they said I'm a miscible to Canada under the act 36b but my charges are completely different to the previous lady I have a friend in Canada that I would love to go and visit and I reply for another one I even got the police clearance certificate and everything on my record has been downgraded and it happened 4 years ago I said one word which was racial which I deeply regret I just need some help if this one is refused as well