Visiting Canada as UK citizen after arrest, but no charge

Question

I am a UK citizen looking to visit Canada in the second half of 2024 for a family event.

In 2020 I was arrested and interviewed by the police on serious criminal allegations. Afterwards I was released on conditional bail (which is a status that has to be reviewed and renewed periodically) which expired a month later, and since then I have been 'released under investigation' which is a completely indefinite status that people can remain under for years. No charges have been made at any point and indeed I haven't heard from the police since early 2021.

• Can I use the eTA system to get authorization to visit Canada?
• If I can use the eTA system, is my arrest something I would have to disclose, and what documentation would I need to provide? How likely is it that I would be approved?
• If I can't use the eTA system I would have to apply for a visa – what would be the likelihood of being allowed to visit?

I appreciate this is a vague question which some people might prefer not to answer but any guidance would be very welcome, as the specifics of the criteria aren't the clearest to me and I don't want to embark on a stressful/expensive process if my chances are slim.

Answer 1

As a UK citizen, you are eligible to apply for a Canadian eTA. One of the questions on the form is:

Question 2: Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/ territory?

Select YES if you have ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory. If you selected YES, for each arrest, charge, or conviction, please indicate where (city, country), when (month/year), the nature of the offence, and the sentence.

Based on your description in the question, it sounds like you must answer "yes" to this question and provide the requested details. Your eTA will then either be approved (in which case you can fly to Canada) or rejected, in which case, if you still want to go to Canada, you will be sent an email with the next steps you can take, which may include providing further information to the Canadian authorities or applying for a visa.

The only way to know for sure if you will be approved or rejected for an eTA or visa is to apply for one. If you want a personal evaluation of your situation in advance of applying and specific advice for how best to frame things, consult with an immigration attorney licensed to practice in Canada.

(All of this presumes, of course, that under your current status the UK authorities will allow you to leave the country; if not, obviously it does not matter what the Canadian authorities think.)