Glad to hear it,

Debs


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Just to let you know I had a very enjoyable holiday in Canada.

Yes thanks it does allay most worries. The sentence was deemed spent here in 2009. What worried me was Canada is saying they automatically allow entry into Canada for anyone with a conviction when 10 years has elapsed since the completion of the sentence not from the start of the sentence. 10 years won't have elapsed until 2018. As that would only be about 7 months away when I might be  going there I think I will apply for an ETA and see what happens. 

Hi candec,

If you got 3 years probation that finished in 2008, then that became spent years ago. Three years prison would be spent seven years from the end of the sentence, which should still be past by now. There's info on the Unlock website here that should be helpful. The Uk doesn't share criminal records with Canada. Hope that helps.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

I was thinking of travelling to Canada this year and according to what I've read the start date for a conviction is from the end of the sentence not from the conviction date . I served a 3 year probation which completed in April 2008. This becomes spent according to how it reads after 10 years in 2018. As stated earlier in the thread Canada's ETA includes all convictions unlike the USA's ESTA. I contacted an immigration lawyer in Ontario (anonymously) and was told to apply from a TRV (Temporary Resident Visa). The legal fees + TRV would add up to something like $1,200!  Does Canada share criminal records with UK as it does with the USA? I'm thinking of applying for the ETA and seeing if it is accepted.

So how would that work with the actual question asked on ETA?

"Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?"

'Select ‘Yes’ if you have ever committed, been charged with or convicted of a crime in any country. Please provide as many details as possible. Failure to include additional and sufficient details may result in slower processing.'

Unlike the question on ESTA, where you can tick 'no' for some crimes, the Canadian question doesn't seem to have a get-out, even if you are rehabilitated.

Hi Effiew

You've got nothing to worry about with your caution. The processing of the eTA roughly follows the concept of the Rehabilitation of Offenders Act and therefore, as a caution is spent immediately, the Canadian authorities more or less ignore them.

Have a look at our information hub page on travelling to Canada for further information - https://hub.unlock.org.uk/knowledgebase/travelling-canada/

Hope this helps.

Debs 

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The US and Canada share criminal conviction information from their own countries and about their own citizens, with each other, right down to minor driving infractions.

I don't know whether they share information about foreign citizens with non-US/Canadian convictions, but now that you have disclosed to the US, it's probably better to play it safe and disclose to Canada in case they have a way of knowing anyway, in which case they would be able to tell that you're not disclosing when you should be.

As already stated, the best thing would have been not to disclose in the first place and just got an ESTA, but now that the US knows about it then there is the possibility that Canada does too, or at least can access that information when they scan your passport. On the plus side, Canada's entry requirements are known to be not as tough as the US's, so if you got a US visa I'd reckon you could get a visa for pretty much anywhere else.

Have a thorough look on the eTA website to check whether you really need a visa or if you're eligible for an eTA anyway due to how minor your offence was.

Didn't realise this was for Canada - thought it was for entry to the US (again). Even, so it's probably best you disclose. If you look at the thread I posted the link to, a number of people have said that the US and Canada share that kind of data. In short, if you told one, assume the other know. It's not a secret or anything, but quite a publicly known arrangement as far as I can tell. Sorry I couldn't bring you more positive news. On the plus side, your caution is so minor that even if you disclose it to the Canadian authorities via their website, there's a good chance that you'll still get the visa regardless. Worst case scenario you have to jump through some bureaucratic hoops, but I can't imagine they would refuse entry based on such a minor caution.

It's probably best to get a second opinion before you do anything though. I think the Canadian visa rules have changed recently (for the worse or for the better, I don't know) and it's possible that you may no longer need to disclose - despite the sharing arrangement they have with the US. If the question clearly exempts your offence, then it would be a bit harsh of them to suddenly say that they have details of an "irrelevant" caution (by their definition) acquired via the US.

Hi thanks so much for your advice, I haven't actually disclosed anything regarding the Canadian ETA, do you mean as I've disclosed it with the USA esta i should still disclose on the Canadian form? Does anyone know whether the Canadian authorities automatically reject me or whether they will ask for further information? I'm hoping I can explain
Thanks again x