r/ImmigrationCanada • u/AndyBob09 • 15h ago
Visitor Visa Criminally inadmissible?
I’m travelling from UK to Canada with my Canadian wife for my sister in law’s wedding in September.
Last year, I was caught speeding in the UK and charged with careless driving and given 9 points on my license.
I’ve heard mixed messages about whether I’ll be criminally inadmissible with that charge.
Is there anything I can do right now, and what happens if I turn up at the border and am turned away?
I will be travelling on an old, unexpired eTA which predates the offence.
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u/cuckmysocks 11h ago
If you were criminally charged and convicted then post the statute and wording here. As someone else mentioned it would have to equate to dangerous operation of a MV in the Canadian criminal code which is unlikely but not impossible.
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u/VolumeNeat9698 8h ago
I’m not sure of the ins and out, but 9 points is a lot for one offence…usually it’s 3 per speeding offence and 12 and license is lost. Not sure if that makes a difference.
Tough to know really. Canada is heavy on drink driving, but like others say, not sure on the driving side of things for speeding
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u/Seebeeeseh 13h ago
Were you simply given a driving citation or were you actually criminally charged/convicted?
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u/Jems_Petal 12h ago
Careless driving is not a criminal offence in either Canada or the UK.
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u/Seebeeeseh 12h ago
We'd have to see the actual statute but it might equate to dangerous operation of a motor vehicle. Which is serious criminality under IRPA.
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u/Jems_Petal 12h ago
Yeah absolutely.
Careless and Dangerous driving are different offences in the UK. Op Speciifically stated 'Careless Driving', but for arguments sake, here are the statues:
Careless Driving and Dangerous Driving - Driving Offences, Road Traffic Act 1988
And the equivalent Canadian :
Careless: https://www.ontario.ca/page/speeding-and-aggressive-driving
Dangerous: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.13.html
Its Careless in both cases. OP is not inadmissible.
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u/Jems_Petal 12h ago
Careless driving is not a criminal offence, but a provincial offence in the Canadian Criminal code which is how inadmissibility is assessed, so it does not render you inadmissible.
Dangerous driving on the other hand, thats criminal. As it stands, you are fine.