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I am an Australia resident wanting to visit Canada for the

winter season (around 5 months)...
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?
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Answered in 1 hour by:
8/28/2013
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
Verified

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.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
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