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Have been refused an Esta to the US because I said yes to a question, should I be honest on Canadian...


Have been refused an Esta to the US because I said yes to a question,...

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coco98
coco98
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Hi there, 

I have a caution from 2013 for D&D and assaulting a police officer. It was a simple spent caution. I believe it is now filtered under the ROA here but I tried to apply for an Esta for the States online once and can't remember what the question was but they immediately refused my application and I never took it any further. If I now want to travel to Canada should/could I a) just answer no on their online form and hope that they don't share info with the states? My worry is that although I didn't take it further there is now a permanent mark against my name on their system or should I be honest and again risk a ban? 

 
Was
Was
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coco98 - 22 Sep 20 11:34 AM
Hi there, 

I have a caution from 2013 for D&D and assaulting a police officer. It was a simple spent caution. I believe it is now filtered under the ROA here but I tried to apply for an Esta for the States online once and can't remember what the question was but they immediately refused my application and I never took it any further. If I now want to travel to Canada should/could I a) just answer no on their online form and hope that they don't share info with the states? My worry is that although I didn't take it further there is now a permanent mark against my name on their system or should I be honest and again risk a ban? 

 

The USA changed the ESTA questions from Moral Turpitude to more specific ones including a question about convictions for assault. Basically, if you have to answer "yes" to any of them, you will need to apply for a visa.

Canada is currently not allowing foreign nationals in, but normally you need an eTA. I'm not sure how they frame the questions, but they do seem to have some leeway for rehabilitation which the US doesn't. I don't believe that they share that level of data, so as long as you answer any Canadian questions honestly, a failed ESTA should carry no weight. 
Simon1983
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If you never plan to go to Canada to live, work or study in the future then just tick no when you look to complete the eta for Canada, the Canada authority’s do not have access to the UK PNC so will no be able to see this information.

if in the future you plan to live, work or study over there, then do not lie on the eta as this will be picked up in the future when you apply for either a work/ study visa etc when you have to supply a police certificate during the application process
Was
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Simon1983 - 22 Sep 20 6:30 PM
If you never plan to go to Canada to live, work or study in the future then just tick no when you look to complete the eta for Canada, the Canada authority’s do not have access to the UK PNC so will no be able to see this information.

if in the future you plan to live, work or study over there, then do not lie on the eta as this will be picked up in the future when you apply for either a work/ study visa etc when you have to supply a police certificate during the application process

You are correct about raw access to the PNC and if you haven't applied before it probably won't be picked up. However, the one thing I'd caution with is that within hours of my conviction, I was sent an email by the US telling me that my open ESTA had been revoked, This seems outside any normal protocol, so there is clearly some behind the scenes communications going on.
Yankee
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Canada generally follows the Rehabilitation of Offenders act for UK citizens, so if that was your only offence you could apply for 'Individual Rehabilitation' as 5 years has elapsed since the offence.  It will be automatically Deemed Rehabilitated after 10 years
AB2014
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Yankee - 30 Sep 20 6:02 PM
Canada generally follows the Rehabilitation of Offenders act for UK citizens, so if that was your only offence you could apply for 'Individual Rehabilitation' as 5 years has elapsed since the offence.  It will be automatically Deemed Rehabilitated after 10 years

You should also bear in mind that D&D and assaulting a police officer are separate offences, so they should be treated as two cautions rather than one. Even so, this was not considered serious enough for you to be charged, and most countries ask about arrests, then talk about convictions. I'd be surprised if they refused you entry, as you should be able to show that you are rehabilitated as you have nothing else on your record.

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