I think I was refuesed an eTA on false grounds.

[Squirrel74]

Hello.

In November 2015, I was charged in Norway of careless storage of a firearm.

My Norwegian conviction was equal to the Canadian law on summary disposition where I received a punishment under CAD 5000, or if not paid under 6 months in jail.

Now the IRCC described in the refusal letter that if my conviction was in Canada, it would be considered as a indictable offence, which I found out is a bit overkill.

At that time in Norway I had 3 of my 6 legally acquired sporting and hunting weapons stored in my wardrobe in my apartment due to lack of space in the weapon cabinet. New gun laws in Norway mean that all weapons that require registration must be stored in a gun cabinet. During a police check in November 2015 the wrongly stored hunting weapons were discovered in my home. I was deprived of my gun license and all I had to do was pay a fine. It was not a criminal act that I committed, but an offence under gun laws on how to store weapons in residence. I don`t have a criminal career otherwise.

 

[Squirrel74]

They seized all my weapons and I was punished to pay 10000 Norwegian krones, or if not paid then 20 days in prison.

 

[primaprime]

It doesn't really matter if you think it's overkill or if the offence is not considered serious or even criminal in the country where it was committed. What matters is the Canadian equivalent.

You can read up on how to overcome criminal inadmissibility here.

 

[Squirrel74]

I‘m on summary, not indictable.

https://en.m.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Careless_Use_or_Storage_of_a_Firearm

 

[primaprime]

That's a hybrid offence, which for immigration purposes is treated as an indictable offence.

 

[Squirrel74]

Ok, thanks for the information.

But how are my chances to be deemed rehabilitated, if I apply for rehabilitation now 5 years after my conviction in November 2020? I have no other convictions before or after, and have been occupied as an healthworker in nursery the past 20 years.

 

[scylla]

Ok, thanks for the information.

But how are my chances to be deemed rehabilitated, if I apply for rehabilitation now 5 years after my conviction in November 2020? I have no other convictions before or after, and have been occupied as an healthworker in nursery the past 20 years.

The chances of a rehab application being approved should be very high. Note that you need to wait until five years have passed from the time you paid the fine (not the time of the conviction). If you were also given a ban on owning firewarms for a period of time, you may have to wait for 5 years to pass from the date that ban was finished.

 

[scylla]

Ok, thanks for the information.

But how are my chances to be deemed rehabilitated, if I apply for rehabilitation now 5 years after my conviction in November 2020? I have no other convictions before or after, and have been occupied as an healthworker in nursery the past 20 years.

Just to be clear, you have to apply for rehabilitation at the five year mark. You won't be automatically deemed rehabilitated. That will only happen at the 10 year mark.

Processing for rehab applications is typically several months.

 

[Squirrel74]

My ban for owning weapons is still there to unknown date under Norwegian law, but would this make it impossible for me to be deemed rehabilitated?

 

[scylla]

My ban for owning weapons is still imminent to unknown date under Norwegian law, but would this make it impossible for me to be deemed rehabilitated?

Hmmm.... I don't know. IRCC doesn't start the five year clock until all penalties related to the conviction have been completed. This includes any fines as well as probation - and normally any license suspensions. I don't know if and how they will take the weapons ban into account. I guess there's a few things you can do... You can simply apply for rehab once five years have passed since you paid the fine and hope IRCC accepts it. You could also get a consult with a good Canadian immigration lawyer familiar with inadmissibility and rehabilitation.