My partner has a conviction and dual citizenship.
Hi everyone, I need some advice!
My partner has a minor drug charge in NZ, which he was convicted of but received no sentencing as the charge was so minor and there wasn't a lot evidence. He is only recently convicted.
He has dual citizenship, and is a citizen of NZ and also the USA. I am a Canadian and NZ citizen. We want to move back to Canada, and do not want to wait 5 years for him to be rehabilitated, but I know that you cannot enter Canada with a criminal conviction otherwise.
We are wondering, if we fly to the USA, and then try and enter Canada from there on his US passport, even just to visit, do you think the border agents will be able to see his NZ conviction while traveling on his US passport? The internet seems to have mixed opinions about whether the 2 governments share all criminal info, just some, or only on demand if there is reason to suspect. His current USA passport does not have an RFID chip but will expire in one year.
Then if he does manage to get into the country, and I want to sponsor him as a common law partner to live in Canada with me, we have to go through an application process that will ask if he has convictions in any country. What is the likelihood that if he applies as an American Citizen, that they will check his record in NZ (as he lived there for 16 years). We obviously don't really want to lie, but it's important to me that we find away around this before 5 years, as my Dad has cancer and I want to live near him.
Any opinions, ideas or anecdotal evidence would be much appreciated!
Thanks 😊
Reply to this Hello avalia and welcome to Travelblog! A year ago, a similar question re criminal convictions was discussed on Travelblog. I sourced some information then, and will post it in the next post. Unsure if it is exactly answers your question, but it is sure to make things clearer.
Reply to this From my prior research, the Visa Waiver Program on the US Government's ESTA website, says the following:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
It then defines "moral turpitude" as such:
"Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act."
Another definition is found:
Moral turpitude is defined for this purpose: "....convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer."
Note the time of the offence (within five years) and sentenced to confinement for one year or longer, and that even includes a suspended sentence.
If you want to read more about moral turpitude, please read this from the US Justice Department:
Grounds for Judicial Deportation
There have been long discussions about this previously -
Criminal conviction restrictions? - so by reading this you can see that you are not alone is voicing your concerns or asking your question.
The above is a summary of what was posted on
american visa, but i have convictions Reply to this If it is considered an indictable offense by Canada, your best bet will be to apply for a rehabilitation exemption citing the illness of your family member.
Even convictions that would not be considered a felony in terms of his keeping a US passport, like minor possession charges, will still get you turned away at the Canadian border as you noted. He would have, at some point, had to declare the existence of his first passport before being issued the second and so record of that would be tied to his name and date of birth (and perhaps his US social security number).
Reply to this Howdy avalia along with encouraged in order to Travelblog! In 2009, a similar issue lso are felony convictions seemed to be reviewed on Travelblog. My partner and i taken some data after that, and definately will post that yearly post. Not sure if it's exactly solutions your current issue, nonetheless it will certainly help to make points clearer.
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