Denied Entry to Canada
Denied Entry to Canada, Inadmissibility, Canada Removal Order
- Due to the spread of the Coronavirus, Canada has closed it’s border to most noncitizens in a chance to contain this virus.
- Anyone who is not part the essential travelers (workers, students, family of Canadian citizens and permanent residents) will be denied entry to Canada until further notice.
- Anyone who shows symptoms of COVID-19 will not be allowed to enter Canada by air.
- When you arrive in Canada, they will assess your health before you leave the port of entry. You must have a plan to quarantine for 14 days when you arrive in Canada. This is mandatory, even if you have no symptoms. If you don’t have a plan, you should not travel to Canada.
Denied Entry to Canada
- Security
- Human or international rights violations
- Criminality (even DUIs and DWIs)
- Organized criminality
- Health grounds
- Financial reasons
- Misrepresentation (of any kind)
- Noncompliance with IRPA
The appeal options for a Canadian visa refusal are:
- Making a request for restoration to the Case Processing Centre or CPC
- Appealing your Canadian visa refusal to the Immigration Adjudication Division, or IAD
- Appealing your Canadian visa refusal to the Federal Court of Canada
Which option for appealing against a Canadian visa refusal is right for you depends on many things, including what type of visa application it was. Did you apply for permanent residency, or did you apply for a Canadian visitor visa or study visa? Different avenues of appeal are better suited for different types of visas and personal circumstances. You may only have as few as thirty days to appeal your Canadian visa refusal. This is a very short deadline and you must act quickly.
If you’re charged of any crime outside Canada regardless whether you’re charged was withdrawn or pardoned and you had a conditional sentence, you may be found inadmissible to Canada.
Option 1: For people who intend to visit Canada urgently due to work related matter or emergency family issues etc. If you’re in a such situation, you may be able to address your inadmissibility at the airport or at the Canadian consulate by submitting a temporary resident permit application or known as TRP. As the name suggests, it is a temporary solution and may allow you to enter Canada only once.
Option 2: Criminal rehabilitation application, will allow you to remove your inadmissibility to Canada from your records, so in the future you may be able to travel to Canada with no obstruction. These applications are submitted to the consulate or visa office overseas, and it may take many months for processing. But if you approach this solution as permanent, if you have a past criminal record and want to cross the border, I suggest you to consider consulting immigration professionals to avoid any complication that may arise during the processing.
Have You Been Refused Entry to Canada?
You Have Options!
When it comes to being refused entry into Canada, it is important you deal with the situation properly. Whether you have a criminal record like a DUI or something even more serious, you may still be admitted into Canada as long as you have the ‘right’ paperwork in order.
You will most likely need to file a Temporary Resident Permit (TRP) application which is a ‘Form IMM 5708’. Form IMM 5708 is the official document issued by a Canadian visa office that is placed in your passport to indicate that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, a student, or a worker).
There are a number of reasons you can be found inadmissible or refused entry to Canada, such as:
Even having an inadmissible family member can cause you to be denied.
Normally, if you are inadmissible to Canada, you will not be allowed to enter, unless you know how to prepare the ‘right’ paperwork. If you have a ‘reason’ to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit (TRP).
Inadmissible or Denied Entry Removal Orders
| Removal Order | Under Grounds Of |
|---|---|
| Deportation | A34 Security, A35 Human and International Rights Violations, A37 Organized Criminality, A41 Non-compliance with the Act |
| Deportation *Conditional deportation | A36 (1) Other Criminality, A40 Misrepresentation |
| Exclusion *Conditional departure | A38 Health, A39 Financial, A41 Non-compliance with the Act |
| Departure | A41 Non-Compliance with the Act |
How to Go Back to Canada after Being Inadmissible or Rejected
Depending on your removal order you may be required to have an Authorized to Return to Canada (ARC) document. First step is to check your removal order to know if you need an ARC. If you are required to have an ARC to return to Canada then you will need to apply for an ARC.
| Removal Order | Authorization to Return to Canada (ARC) |
|---|---|
| Deportation | ARC Required |
| Departure | ARC Not Required |
| Exclusion | ARC required within 1 year after the removal order has been enforced |
Top 4 Questions We Get About TRPs:
If you are a U.S. citizen or a citizen from a visa exempt country, you could apply for your TRP at the Canada/U.S. Border. If you are approved, a ‘Temporary Resident Permit’ will be granted.
However, there are some risks to consider when applying for a TRP at the border or airport. You could be refused and turned away at the border. In some very unusual cases, you could be detained by the Canadian Immigration authorities (this is rare).
Can I Apply for a TRP at the Canadian Border?
How Long Are Temporary Resident Permits Valid For?
What If My Criminal Offence Took Place Years Ago?
In certain cases, if your conviction occurred 5 years ago or longer, you may be eligible to make an application for Criminal Rehabilitation to enter Canada. A ‘Criminal Rehabilitation’ application (if approved) will wipe out your criminal inadmissibility that prevents you from entering Canada. If you travel often to Canada, you may want to apply for this.
Note: Unlike Temporary Resident Permits, an application for ‘criminal rehabilitation’ cannot be made at a Canada/U.S. border. You should make an application for criminal rehabilitation at a Canadian consulate or embassy.
Professional Help Can Increase Your Chances of an Approval
Even though you can submit your own TRP application, we do not recommend this. Canadian immigration regulations are strict when it comes to even minor criminal offensive and even for offences that have occurred many years ago.
TRP applications can have a higher risk of refusal in cases where the application is not properly prepared. The Canadian immigration standards are very high. We find this is the number one reason why people are denied entry is due to not enough knowledge of the ‘ins’ and ‘outs’ of TRP applications. You MUST have all the ‘T’s crossed and all the I’s dotted’, if you expect to cross the border with ease. The documentation and processes involved in successfully obtaining a TRP can be complex and usually require legal expertise.
Many of our clients are happy to relieve themselves of the headaches of preparing paperwork and having to deal with government red tape by outsourcing this work to our professional team of immigration experts.
The first step towards getting a TRP and avoiding being refused entry to Canada is to get an assessment of your specific situation. Call us today at +1 778 798 1771 for an assessment to see if you are eligible to move to Canada, or fill out our online assessment form.