Help still waiting for esta due to juvenile conviction declared

Hi,

I booked a cruise from Vancouver without realizing that Canada has strict laws on admitting anybody who has had a criminal conviction. I applied for my ESTA and declared that I had two convictions when I was fifteen years old I am now 36! they requested a police certificate to prove that the offences were over ten years ago. I submitted this three weeks ago and have heard nothing further. I am panicking that I will not get my ESTA as I fly in five weeks time. Any advice greatly received? I read somewhere that youth offences do not prevent people from entering Canada.

First, ignore everything I and anyone else tell you here - if you really want to know you need to get yourself a lawyer specializing in this type of thing AND familiar with Canadian law.

That said, if you want a non-legal opinion from someone very familiar with criminal background checks up here... Well, it depends on the offence!

Frankly, had you NOT declared them there's a good chance that they would not have appeared on a search, as juvenile offences are often sealed unless a Vulnerable Sector (more detailed) check is performed, which Canadian law has restrictions on doing (hence the name - it's generally just if you're going to be working with kids or other vulnerable groups).

I don't know enough about eTA to know how much depth the checks go into, but regardless the fact you declared the offences guaranteed the follow-up question about proof of sentences, dates and the like. If any offence would have carried a Canadian criminal sentence of 10 years or more, then expect to be denied entry forever until you are Pardoned for it without a specific Visa being applied for.

If it was typical childhood stuff, misdemeanours rather than crimes per se, or even less serious crimes with lower sentencing durations I can't speak to the delay but you should still be approved if you've kept your nose clean since. This is a new thing for everyone, so anyone claiming to know how long it will take to process is talking nonsense - there simply has not been enough time since the new program was announced to have data yet.

You could try contacting them - specifically whichever office you sent your police certificates to - and asking if they have an expected turnaround. Did you send them recorded delivery in some fashion? Did you confirm when they were actually received?

The crimes were not serious I did not get a custodial sentence or anything just a fine, I have not been in trouble since. In the job I do now I am required to work with vulnerable adults hence I was subject to a full DBS check this has not caused me any problems. I have rang the airline that I am travelling with and they have said I would not be able to board my flight without an eta even though it clearly states on the Canadian government website that during the leniency period passengers can board a flight without a eta if they have their travel documents ie passport. It would be then down to the border officers to decide on entry. Feeling completely stressed. I don't think that I will be denied an eta just worried that it will not be processed in time.

I uploaded the required documents to my online eta account.

The crimes were not serious I did not get a custodial sentence or anything just a fine, I have not been in trouble since. In the job I do now I am required to work with vulnerable adults hence I was subject to a full DBS check this has not caused me any problems. I have rang the airline that I am travelling with and they have said I would not be able to board my flight without an eta even though it clearly states on the Canadian government website that during the leniency period passengers can board a flight without a eta if they have their travel documents ie passport. It would be then down to the border officers to decide on entry. Feeling completely stressed. I don't think that I will be denied an eta just worried that it will not be processed in time.

 

I uploaded the required documents to my online eta account.

If you were able to upload scans at least you know they were received promptly. Hopefully it will come through in time, and if not you are correct that there's an extension in place already to the rather indeterminate 'Fall 2016' - but do be aware that since you have actually declared offences, it's possible that your passport will be flagged that you have them now, with no details given to the border agents only the fact you have a record.

I strongly suggest taking copies of the same info you uploaded with you to show CBSA, whether or not your eTA is granted in time. At least the odds are good that if your offences were minor enough they didn't stop you working with vulnerable people they won't prevent you getting your eTA, and likewise wouldn't be an issue for CBSA staff Deeming you Rehabilitated at the border...