American Denied Entry to Canada

A foreign national can be denied entry to Canada based on 8 grounds of inadmissibility:

Security Risk:

A foreign national may be found inadmissible on security grounds for several reasons

• Espionage or subversion against a democratic government
• Subversion by force of any government
• Terrorism
• Being a danger to the security of Canada
• Violence that would or might endanger the lives or safety of persons in Canada

Human or international rights violations:

Permanent Residents and foreign national who have committed violations of human or international rights outside Canada are inadmissible. Prohibited activities under this include:

• Committing an offence under the category of crime against humanity and War Crimes
• Being a prescribed senior official in the service of government that in the opinion of the minister engages in or has engaged in terrorism
• Being a person other than a permanent resident whose entry or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states of which Canada is a member, that imposes sanctions on a country against which Canada has imposed sanction in concert with that organization

Criminality makes a foreign national inadmissible in Canada:

Serious criminality

Offence that is punishable by a maximum of 10 years or more imprisonment. If the offence was convicted outside of Canada then it would be reviewed to determine the equal counterpart of that offence in Canada and the charge for it.

Criminality

Refers to grounds of inadmissibility for foreign national only and not to permanent residents living Canada already. This is a lesser threshold of criminality which involves convictions that are summary, indictable or hybrid offences.

Organized criminality

Organized criminality refers to a permanent resident or a foreign national’s involvement with an organized crime group which leads to inadmissibility. In case where a person holds a felony conviction on his or her record and needs to enter Canada, the best option is the Temporary Resident Permit. TRP are awarded by the minister to foreign nationals who may be barred from entering Canada as a temporary resident either because of inadmissibility or because of a failure to meet the requirements of the IRPA. TRP makes it possible to enter Canada in those situations. However, for felony conviction, it has to have been five years since the sentence to apply for a TRP.

Health grounds:

Foreign national may be inadmissible on grounds of health. This does not apply to permanent residents already living in Canada. If a foreign nation who applies for temporary or permanent residence suffers from a health condition may be inadmissible if the illness is to be a danger to public health, public safety and will cause excessive demand on health or social services.

Financial Reasons:

A foreign national may not be admitted into Canada if he or she cannot fulfil the financial requirement

Misrepresentation:

A person may be denied entry if they have lied about fact on their application or withheld crucial information

Failure to Comply with IRPA:

A person can be denied entry into Canada based on violating IRPA and not complying with its obligations

Inadmissible family member:

A person can be deemed inadmissible if any member of his or her family are inadmissible even if the inadmissible family member is not accompanying.

Contact Akrami & Associates

If you have been denied entry to Canada as an American citizen and need help with overcoming your inadmissibility, please feel to contact us and one of our representatives will be happy assist you with your matter.