Travelling to Canada after US visa refusal - UK citizen

[n1cholas90]

Hi there,

I have recently been refused a visitor visa to travel the US due to violating a law in regards to controlled substances.

To give some more detail; April 2013 I was arrested for the possession of a small amount of class a drug Cocaine - a stupid mistake and something I deeply regret. I was taken to a police station and ultimately issued with a Simple Caution. I did not go to court, I was not convicted but the caution was noted and appears on my criminal record.

According to the Rehabilitation of Offenders Act 1974 my caution became spent immediately (I had heard Canada used to recognise this act but perhaps no longer does?)

I believe this caution would, in theory, not render me inadmissible to Canada due to it not being a conviction and the "committing an act" rule requiring an indictable offence with a maximum sentence of at least 10 years - for which cocaine possession carries a maximum sentence of 7.

Am I correct?

I am mainly concerned that due to the Immigration Information Sharing Agreement between the US and Canada, my US Visa refusal will be flagged up at a Canadian POE and I could be denied entry once I'm inevitably asked about the reason for the refusal.

Any help/opinions greatly appreciated.

 

[Dr_Midnite]

Hi

Not sure this is clear.

Where did you commit the offence?

As a UK citizen you don't need to apply for a visit visa to the USA, the UK is part of the visa waiver program, you only need an ESTA to travel by air or you complete the old Green Form process at a land crossing.

If you are applying for immigration into Canada and particularly PR then you need to provide a PCC for every country you have lived since the age of 18 for longer than 6 months. So depending on where you committed the offence it would show on the PCC.

Thx

A

 

[n1cholas90]

Apologies, offence committed in the UK and I am no longer eligible for the US visa waiver programme due to this. I was refused the US visa due to a recent policy review concluding that UK Police Cautions were now to be viewed as admissions of guilt for US immigration purposes - this a very recent change.

I wish to visit Canada for tourism purposes.

Will the Immigration Information Sharing Treaty flag up this visa denial at a Canadian port of entry and potentially cause problems for me to gain entry to Canada?

 

[zardoz]

Apologies, offence committed in the UK and I am no longer eligible for the US visa waiver programme due to this. I was refused the US visa due to a recent policy review concluding that UK Police Cautions were now to be viewed as admissions of guilt for US immigration purposes - this a very recent change.

I wish to visit Canada for tourism purposes.

Will the Immigration Information Sharing Treaty flag up this visa denial at a Canadian port of entry and potentially cause problems for me to gain entry to Canada?

A UK Police Caution *is*, and always has been, an admission of guilt, so this is a reasonable response from the US. You should declare even a Police Caution to Canadian Immigration, even if you don't think they will care. If you don't, you could be accused of "misrepresentation" and that way lies madness (and a possible ban). CIC doesn't recognise any foreign convictions as "spent" for immigration purposes. They all have to be assessed.

 

[Dr_Midnite]

Hi

Agree with the point above.

I have a friend who visited Canada with just an arrest on his record; he was never cautioned or convicted. He arrived as a visitor and entered without any issues.
Long story but a number of years earlier he was due to move to Canada, his family applied for and obtained PR from the UK. He chose not to move but he had completed the paperwork and everything including his arrest was on record.

A number of years later he decides to move, PR is no longer valid so he obtains a TFWP through the LMO process and flagpoles at the Buffalo crossing point. When he applied for the permit the border guard asked if he had ever been arrested, he in error said no. Records on file showed he had, this immediately cast doubt on his application. He was instructed to obtain a UK PCC, he did this, returned to the border and collected his permit.

When he arrived as a visitor there was no reference made (or do I know if he volunteered the information) about his arrest, he was allowed in as a visitor without issue on a 6 month visit visa to see his family.

When he was looking to change from a visitor to a TFW his conviction for whatever reason came to light as the details were on file.

I would suggest in the event your asked you are honest, the fact they ask tell’s you they may already know.

Thx

A