How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tom B. Your Own Question

Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2127
Experience:  23 years in practice
Type Your Canada Law Question Here...
Tom B. is online now
A new question is answered every 9 seconds

I am an Australia resident wanting to visit Canada for the

Resolved Question:

I am an Australia resident wanting to visit Canada for the winter season (around 5 months). My initial plan was to work full time/part time, this required me to apply for a holiday working visa. I have not been approved for the visa as 4.5 years ago I was charged for in charge of a vehicle under the influence, the judge deemed it as a misdemeanor and no criminal record was recorded. However it was recorded on my traffic record which was asked for during the application process.

As I have booked flights in advance I am wondering if I am still allowed to visit the country? I have enough money to allow me to visit the country for 6 Months or Less. If I hadn't applied for the visa, I know I would have been fine as I have visited over 20 countries since the incident and nothing has come up. I am just worried that when I try to enter through Canadian immigration the attempted application of visa may be flagged causing me issues. Can you answer whether I am allowed into the country and or if the attempted application would pop up when entering?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Tom B. replied 10 months ago.

Tom B. :

Hello

Tom B. :

So, on application for a work Visa you were denied?

Tom B. :

That was based upon a criminal check I assume.

Tom B. :

You do not need a Visa to enter Canada as a visitor from Australia and you can spend 6 months here. However, if Canada knows that you have been convicted of an offence that could make you inadmissible here, then it is possible that you could be refused as a visitor.

Tom B. :

We can assume if you were refused on a work visa that you are in the system here in Canada.

Customer:

It supplied a criminal record in application process

Customer:

my criminal record has nothing recorded

Customer:

It was when they asked me for traffic record it shows that I have lost my licence for a period of 3 months

Customer:

Is there anyone that can tell me what is checked when entering Canada as Visitor

Tom B. :

Yes that is because Australia does not consider a drink/drive a criminal offence is some situations. Indeed, BC is moving to a similar model. But, drink/drive is something that could get me barred from entry to Australia.

Tom B. :

What is checked is a mystery. States have yet to disclose what personal information is shared between countries.

Customer:

I understand that, before applying for visa and buying flights I didn't even consider that to be an issue but due to Canadian Law I realise now that it is.

Tom B. :

Again, you do not have to have a Visa to come to Canada unless you want to work.

Tom B. :

You were denied......why????

Customer:

Following an examination of your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) for the reasons explained below. I am therefore refusing your application.
On grounds of criminality for:
 A36(2)(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;

Customer:

I realise I do not need a visa to enter Canada for up to 6 months which would be perfect as I would just holiday instead of working.

Tom B. :

Ya but. You are in our system as being inadmissible because if in Canada, you MIGHT have been charged.

Customer:

So it means I cannot enter the country?

Tom B. :

You cannot risk being refused. The embassy can assist.....more....

Customer:

I have found this from sydney office, "


I was charged with an offence. However the court outcome was that “no conviction was recorded”. Can I enter Canada as a visitor?


Yes. You should also carry your current police certificate and the documents which show that no conviction was recorded and present them to the Canadian Port of Entry, if requested. You do not have to make further contact with the Sydney office.

Tom B. :

There is no right to enter a foreign country.

Tom B. :

However, Rules have been relaxed....

Tom B. :

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=143&t=8

Tom B. :

Study this site.

Tom B. :

Do not assume entry.

Tom B. :

This allows entry on your facts.

Customer:

Ok, thanks

Customer:

I will try and contact embassy also. It's just really annoying

Customer:

If I knew that i wouldnt be accepted for Visa, I wouldn't have applied and just entered as visitor

Tom B. :

Study the web site first.

Customer:

I have tried to find, but different websites list different stuff

Tom B. :

The temporary Visa is new and could apply.

Customer:

Sorry I see it says March 1st

Tom B. :

Yes. 2012.

Tom B. :

You are in our system so you should not just show up. The whole thing can be forgiven if you follow the steps on that site.

Customer:

If I was denied to work, wouldn't they have already deemed me to criminally inadmissible

Tom B. :

Exactly. You are at this time not admissible. You can try just showing up for a visit because Aussies require no Visa for entry into Canada and risk being caught because the computers got you or you can do it right and apply.

Tom B. :

I strongly suggest that you do it right. If you do not, you risk a plane back to OZ in handcuffs and the inability to ever travel here or to the US.

Tom B. :

This is not a big deal as described. But, you need to do the process properly and with respect.

Tom B. :

Apply and do not assume is my advice.

Tom B. :

Is there anything else you need from me?

Tom B. :

If not, please rate my answer well. I am prepared to clarify or answer a supplementary question. But, I am confident that you have the answer you require for now.

Tom B. :

Please let me know is I can serve further.

Tom B. :

Tom

Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2127
Experience: 23 years in practice
Tom B. and 3 other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.