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My background Hello, I am a CanadXXXXX XXXXXving in Canada.

Resolved Question:

My background: Hello, I am a CanadXXXXX XXXXXving in Canada. When I was 18 (in 1985) I was arrested and convicted of a conspiracy to commit a fraud over $200. I recently (in 2008) received a Canadian pardon for this offense.   Due to my criminal record, I was refused entry to the USA in 2004. I have since received a criminal waiver and am now allowed to enter the U.S. with a visa, which I have dozens of times in the last 6 years.   I am now about to travel to the UK for a few days on business, and am concerned that the officer will ask me why I as a Canadian need a visa to enter the U.S., and will be denied entry to the U.K. if/when I have to divulge my conviction from 26 years ago.<br /><br />Incidentally, in 1994, I lived/worked in the UK on a Holiday Makers visa for 18 months and had no issues of any kind. Since then I have traveled several times in and out of the UK, but never with my passport stamped "admitted" by the U.S. including a handwritten word "waiver" on it. Another stamp has the code, again handwritten, of the original grounds for my inadmissibility.<br /><br />Should I be worried? Thanks in advance for your help.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
Were you imprisoned for this offence? What is the effect of the pardon in Canada?
Customer: replied 3 years ago.
No I was not imprisoned, I was fined and put on probation for a year.

The effect of the pardon in Canada is the record is as per Pardons (Canada) in Wikipedia:

Function of a pardon in Canada

A pardon keeps a judicial record of a conviction separate and apart from other criminal records, and gives law abiding citizens an opportunity to reintegrate into Canadian society. All information is removed about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the Minister of Public Safety Canada.

 

A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records.

 

A pardon removes disqualifications caused by a criminal conviction, for example the ability to contract with the federal government.

 

A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals should contact the authorities of the country in question to find out what the requirements are to enter that country.

Expert:  Senior Partner replied 3 years ago.
Thanks in that case it should be no problem . For UK purposes an offence that leads to a fine not imprisonment is expired after 5 years and therefor will not be taken into account in assessing good character and would not be grounds for refusing you entry. You do not even have to disclose it if it was that long ago.
Customer: replied 3 years ago.
If the boarder agent asks me why I need a visa to enter the U.S., I am assuming I need to tell him/her of the conviction?

One last question (if I may) - would this conviction affect my ability to enter the country to work in the future as a consultant?
Expert:  Senior Partner replied 3 years ago.
difficult because you are not obliged to disclose the conviction but obviously if asked you need to tell the truth. it certainly will have no impact on your ability to work here.

Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and 6 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Hello again,

I have a follow up question, so please let me know if you require additional payment.

As you said, I'd have no trouble entering the UK, and you were right, so thank you for your advice.

Now the company I work for, which is headquartered in London, would like to transfer me from Canada to the UK office. I'm not yet certain how long for, it could be anywhere from 6 months to 2 years to indefinitely. What type of work Visa would I need to do this, if any, and how would my criminal record potentially block my transfer to the UK?

Thank you in advance for your help.
Expert:  Senior Partner replied 3 years ago.
Sorry for the delay in replying. I have been away. For an inter company transfer, you would apply for a Tier 2 visa. The basic rules and guidance are to be found here.

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/

Inter company transfers are not subject to the quota restrictions at the moment.

No your conviction should be ignored as it has lapsed.

Please press accept again so I can be credited for my time. this will not prevent you asking supplemental questions or asking need further clarification.
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and 6 other UK Immigration Law Specialists are ready to help you

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