I have just completed a community payback order in Scotland and due to the Rehabilitation of Offenders Act my convictions are now spent. I am looking to travel to Canada on an eTA. I previously had the eTA refused a few years back when I applied while the convictions were still pending. The letter said I was inadmissible to Canada due to the crimes being Serious Offences under section 36 (b) of the Criminal Code of Canada. Due to the Burgon case, am I able to reapply for the eTA and be deemed admissible due to the UK ROA? I have looked at the information on pages 8-10 of this document on the IRB website (Immigration and Refugee Board of Canada): https://irb.gc.ca/en/legal-policy/legal-concepts/Documents/SpoPar02_e.pdf I can't find any concrete info on whether this always applies or not. Does anyone have experience getting their eTA approved after being deemed rehabilitated due to the UK ROA 1974? I would point out that in Scotland the convictions become spend directly at the end of the community payback/supervision order (which was 3 years), whereas in England the same sentence would require a further 12 months to be spent.
One thing of note, I am still on the SOR for another 2 years. I haven't had any issues with green notices though as I am deemed low risk.
@axel I am wondering if you can help as I saw you posted something similar in another thread?
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