Denied Entry into Canada
Being denied entry into Canada is tough and embarrassing for many. Millions of people come to Canada every year whether it is for temporary or permanent residence. However, not always will you be allowed entry into Canadian soil. Below will be discussed why you can be denied entry into Canada and what you need to do to have a successful entry into Canada with an inadmissibility issue.
Reasons you can be Denied Entry into Canada
Minor to Major offenses
If you have been denied entry into Canada, there are many reasons why this could have occurred. One reason can be because of inadmissibility. Inadmissibility issues can range from minor to major offenses such as DUI, felony, health reasons, theft etc. If you committed a crime inside or outside of Canada, then you will be criminally inadmissible. You can also be denied because of your medical record. Your medical concerns may pose a burden on the Canadian healthcare or be a health hazard to other Canadians and thus it would make you medically inadmissible. You can also be denied on non-compliance issues because you might have done something bad in Canada in your previous stay or stayed longer than your permit allows you too or because you do not comply with the Immigration and Refugee Act. You can apply for a temporary residence to solve these problems.
Financial Reasons
You can also have been refused entry into Canada under financial grounds. The officer may find you do not have enough money to support your stay in Canada and that you will require social assistance or not be able to return back to Canada depending on your circumstances. If you are bringing in your spouse or common law partner and any dependents, it is necessary to prove to the officer that you have sufficient funds to support them as well. To prove that you have sufficient funds, you can show bank statements, show you have a steady job, etc.
Incomplete Application or Misrepresentation
Other reasons why you could have been denied could be due to an incomplete application, mistakes, etc. You could have also misrepresented yourself which is a crime and carries penalties.
What can I do to overcome my inadmissibility to Canada?
If you have been denied entry into Canada because of your criminal, medical record, and non-compliance issues then you can apply for a temporary residence permit. This allows you to overcome your inadmissibility. If you have been convicted of a crime, then you can apply for criminal rehabilitation. But if your sentence is minor or if enough time has passed since you committed the crime you can be deemed rehabilitated. To solve your medical inadmissibility you can provide records from your doctor to prove that you won’t be a strain on Canada’s healthcare or go through a medical examination.
If your family members (spouse and dependents under the age of 19) are travelling with you then they can be considered inadmissible too. If the officer reviewing your application deems it is necessary for them to travel with you, then your family members will each be issued their own temporary resident permit.
The officer reviewing your application will assess the need vs the risk. If he feels that you pose a risk on Canadian society, then he can send you back. Thus you must demonstrate the need is greater than the risk you can potentially pose. The officer has the complete discretion of whether to accept or deny you.
It is recommended to go for legal advice for help getting into Canada. A legal professional will be able to present a strong case on your application and to prepare you for your interview. Opting with a legal professional will increase your chances of getting entry back into Canada.
Ways to get back into Canada
There are other ways of getting back into Canada and these routes are through obtaining a:
- Temporary resident permit
- Authorization to return to CanadaThe steps you can take to solve your criminal inadmissibility are through obtaining a:
- Criminal rehabilitation Or
- Record suspension
Temporary Resident Permit
The temporary resident permit as discussed is a temporary solution to get back into Canada. It allows you to temporarily visit Canada despite your inadmissibility. It is hard to obtain as you have to convince to the officer that the reason of your visit is valid and compelling and that the need of visiting is greater than the risk you may pose to Canada. You can try applying for a temporary resident permit at a port of entry where the CBP officer will assess your application and adjudicate a decision on your application right at the border.
Criminal rehabilitation
If you are being denied entry into Canada because of a criminal inadmissibility, criminal rehabilitation can permanently solve this problem. It is a separate application. To apply for it, the offence you committed must have been done outside of Canada. A certain amount of time must have passed since you committed the offence to be able to apply for criminal rehabilitation. Factors like severity of the offence, how many offences committed are all taken into consideration when deciding how much time to be to apply after completing your sentence. It takes at least a year to process.
You can apply for a temporary resident permit while applying for criminal rehabilitation if you would like to visit Canada during your application process. You can also say to the officer you are applying for criminal rehabilitation when you are at the border applying for a temporary resident permit and this can show to the officer that you are remorseful for committing the offence.
Record suspensions
Record suspensions are if you committed the offence inside of Canada and are looking to get a pardon on it. It removes criminal inadmissibility and keeps your criminal record separate from other records. .
Authorization to Return to Canada
If you received a removal order, you may need an ARC (Authorization to Return to Canada) depending on your circumstances. There are three types of removal orders. These are:
- Deportation
- Exclusion
- Departure
If you were given a deportation order, you will require an ARC.
If you were issued an exclusion order you will not require an ARC IF
- 12 months have passed since you exited Canada
- Certificate of Departure as proof indicating the date you left Canada
If you were issued a departure order, you will not require an ARC if:
- You left Canada before the 30 days
- And that this exit was verified by a Canadian immigration officer when you were exiting
Direction to Leave Canada
If you received a Direction to Leave Canada, then you will not require an ARC as this Is not a removal order.
If you are accepted into Canada, you are expected to know and abide by the laws of Canada. If you break the law you can be sent back and have a lesser chance of being re-admitted into Canada temporarily again.
Appealing
If you had a permanent resident card or refugee and were issued a removal order, you can appeal to the immigration and Refugee’s Board Appeal Division. There are certain exceptions to this and they are if:
- Violated human or international rights
- You were sentenced to least two years for a crime
- Involved in an organized crime
- Considered a security threat to Canada
- Misrepresentation on your application
It is important to appeal as soon as possible because there is set time limits till when you can appeal.
The appeal will be heard in court and if you lose the case, you can appeal to the Federal Court.
How can we help at Akrami and Associates?
Many clients came to our firm not knowing what to do having been denied entry into Canada. We have helped these clients on how to get into Canada and we can help you too. A lot of times the reason for denied entry into Canada is not given. It could be because of things you carried with you at the port of entry, wrong documentation, mistake on the application, etc. Below is one of our client success stories:
“My dad applied for visitor visa but was denied. I tried for him and I was also denied. We keep trying but he was never able to make it. We called Akrami firm and she make application so easy. She explain to us all items that we needed and submit our application for us. My dad just got his visa and we want to thank all those who help.”
Give us a call today if you are looking to have any questions answered or are looking for further clarification, or are looking to book a consultation with one of our legal representatives.
How to contact us?
Feel free to contact our firm. Our firm can be reached at 416-477-2545 or toll free at 1-877-820-7121. Our email is info@thevisa.ca.
With Akrami and Associates, there is always a way!