Immigration Corner | What is the Five Eye Alliance?

Dear Miss Powell,

I used to live in the USA, and I returned home. I’m not sure if there were charges or anything against me. I’m planning to apply to go to Canada, but a friend said that Canada and the USA are part of a “Five Eye” group, and so he’s sure that if you do anything in one country, the other will be automatically notified. Do you think if I have a criminal record in the USA that when I apply for a visa Canada will be notified? What is this Five Eye group? How does it work?

EE

Dear EE,

My question is this, do you have a criminal record in the USA? If you do, then you should address this issue. If you do not have a criminal record and are a law-abiding citizen, then you do not need to be too concerned about the Five Eyes Alliance. Nevertheless, I will explain briefly what this is about and offer some simple information.

THE FIVE EYES

The goal of Canada, via its various departments, including Public Safety Canada, Immigration Refugee and Citizenship Canada (IRCC), Canadian Border Security, the Ministry of Justice, and the attorneys general, is to keep Canadians and those within Canada safe and secure. Canada has, therefore, partnered with its international allies and various intelligence agencies to achieve this goal. Canada is a part of the Global Counterterrorism Forum, the Critical Five forum, the G7, and the Five Eye Alliance.

The Five Eyes is an intelligence alliance of five countries including Canada, the United States, the United Kingdom, Australia, and New Zealand. These share a broad range of intelligence with each other. They meet each year to discuss and form alliances to deal with issues such as public safety and other national issues. They share information with each other!

INADMISSIBIITY

Now that you know that such an alliance exists, I think you need to address the issue of your admissibility to Canada. When you apply to come to Canada, you will be asked if you have been charged, detained, or imprisoned in your home country or any other country. You must answer truthfully as you could be denied or banned from Canada for five years for misrepresentation.

This does not mean that you are permanently banned from Canada. This depends on the nature of your wrongdoing. If you think you may be deemed criminally inadmissible, you should consult directly with an immigration lawyer to see if you can apply to be considered admissible by IRCC. This may be possible if you can satisfy an officer at IRCC or Canadian Border Services Agency that you have met the requirements to be deemed rehabilitated, apply for rehabilitation, or apply for pardon.

The application for rehabilitation takes some time to be processed, especially due to the COVID-19 backlogs, so I recommend that you act now. You will be required to pay a non-refundable application fee to IRCC and submit various documents relating to the offence and your current lifestyle. Be prepared to submit a police report, court orders, and a job letter so that your lawyer may present legal arguments in support of your case.

I strongly recommend that you be honest with yourself and your lawyer. If there are outstanding court cases or charges, deal with these issues before applying for a visa to any country that is a part of the Five Eyes Alliance.

Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions or book a personal consultation via www.deidrepowell.com. Find her on Facebook Instagram or Twitter.