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what do I need to do?

scottandtab

Newbie
Oct 2, 2009
2
0
My husband has a burglary charge on his record from 1989. He served 2 years probation which was completed in 1991. Since the offense and the sentence were both over 10 years ago, does he need to do anything special for us to be able to visit Canada as part of a cruise? We are both US Citizens. Everything I have read says anything past 10 years, unless listed as serious criminality, is "deemed rehabilitated". How do we know if his charge would be listed as "serious criminality" therefore requiring more than time passed to make him eligible to enter?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
scottandtab said:
My husband has a burglary charge on his record from 1989. He served 2 years probation which was completed in 1991. Since the offense and the sentence were both over 10 years ago, does he need to do anything special for us to be able to visit Canada as part of a cruise? We are both US Citizens. Everything I have read says anything past 10 years, unless listed as serious criminality, is "deemed rehabilitated". How do we know if his charge would be listed as "serious criminality" therefore requiring more than time passed to make him eligible to enter?
US citizens normally don't need visitor's visa to enter Canada. Normally is the operative word. Since you are in doubt as to whether your husband will be allowed entry to Canada or not, why don't you try to apply for a visitor visa for him.
 

PMM

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

scottandtab said:
My husband has a burglary charge on his record from 1989. He served 2 years probation which was completed in 1991. Since the offense and the sentence were both over 10 years ago, does he need to do anything special for us to be able to visit Canada as part of a cruise? We are both US Citizens. Everything I have read says anything past 10 years, unless listed as serious criminality, is "deemed rehabilitated". How do we know if his charge would be listed as "serious criminality" therefore requiring more than time passed to make him eligible to enter?
Hate to be the bearer of bad new, but your spouse is inadmissible as both a visitor and Immigrant to Canada. He was convicted of an offence which equates to 348(1) of the criminal code of Canada. http://tinyurl.com/ydytauc The maximum punishment is life if it was a dwelling house or 10 years if it was not. So he would have to apply for rehabilitation and pay the fees, if he wished to visit Canada legally. see: http://www.cic.gc.ca/english/information/applications/rehabil.asp

PMM
 

scottandtab

Newbie
Oct 2, 2009
2
0
Thank you PMM for the info. The charge is listed as "burglary to structure conveyance" and I'm not sure how that translates into the Canadian law code but you are saying either way, house-dwelling or other, he would have to apply for rehabilitation and pay the fees, correct? And, once he applies, is it possible that he could be denied anyway?

I guess I'm just trying to figure out if all this is worth it for just a cruise port or two. We have travelled to Canada before...obviously before 9/11 when the restrictions were not as tight.
 

PMM

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

scottandtab said:
Thank you PMM for the info. The charge is listed as "burglary to structure conveyance" and I'm not sure how that translates into the Canadian law code but you are saying either way, house-dwelling or other, he would have to apply for rehabilitation and pay the fees, correct? And, once he applies, is it possible that he could be denied anyway?

I guess I'm just trying to figure out if all this is worth it for just a cruise port or two. We have travelled to Canada before...obviously before 9/11 when the restrictions were not as tight.
If he has been a "good boy" for the past 20 years, he should get it.

PMM