Reasons you Can be Denied Entry into Canada
There are many reasons you can be Denied Entry into Canada. The most common calls we get for being Denied Entry into Canada is due to driving under the influence (DUI). Under the Highway Traffic Act Canadian roads and drivers are protected, therefore, limiting amount of alcohol you can consume. If you got alcohol consumption above 0.08 it is a criminal offense in Canada. This act also applies to individuals in air and water not just drivers on the road.
If your alcohol consumption is less than 0.08 and you are driving recklessly you can be charged with impaired driving. You can even be charged while you are sitting behind the wheel with the vehicle being off. Even if your conviction occurred a long time ago you might be deemed inadmissible to Canada due to security concerns for Canadian citizens. Therefore, having any of the following charges is considered a serious offense in Canada.
- Driving While Impaired (DWI)
- Driving While Intoxicated (DWI)
- Operating Under the Influence (OUI)
- Wet and Reckless (W&R)
- Reckless Driving, and
- Driving Without Due Care and Attention
What Can I do to come to Canada with DUI or DWI?
If your DUI offense occurred less than five years ago to overcome your inadmissibility to Canada you need to apply for a Temporary Resident Permit (TRP). A TRP is a permit that allows you to come to Canada for temporary basis. To obtain a TRP your need to enter Canada has to outweigh the risks to Canadian citizens. It is recommended to apply for TRP in advance as it takes 6-12 months for processing time and can be issued for a period of three years.
Can I apply for TRP at the Canadian Port of Entry?
Yes, you can apply for Temporary Resident Permit (TRP) at the Canadian port of entry only if you can convince the immigration officer that you have good compelling reasons to come Canada and your matter is very urgent to be considered for getting a TRP at the Canadian border.
On what grounds can I be considered inadmissible to Canada?
You can be denied entry to Canada for many reasons, most individuals are considered inadmissible to Canada for criminality, overstay or health reasons. To get an authorization to enter Canada you will need a Temporary Resident Permit depending on your situation.
Tips for Applying for a Temporary Residence Permit
To be accepted into Canada with a Temporary Residence Permit, there are certain tips that can help you to strongly present your case to the officer reviewing your application.
If you are admissible and comply with the regulations of the Immigration and Refugee Act, then you can apply at a port of entry. But if you know you are inadmissible or have done something that can make you inadmissible then you should apply at a consulate from your own country from before. If you have committed a crime, then you can show remorse (regretting your crime and showing how you will improve). This is because if the officer thinks you will re-offend again, then they will most likely not allow in to Canada.
Another tip is to show more documentation than required. You can show documentation to show that your reason to coming to Canada is valid and compelling, your criminal record, and references (to show your character).
Also if you committed a crime, then you can apply for criminal rehabilitation. If you complete criminal rehabilitation successfully, the crime you committed should not allow you to be inadmissible into coming into Canada.
If you have been convicted of a single or minor crime, you won`t need to present as strong as a case as someone who has committed multiple offense or an indictable offence (felony in the U.S.). The officer will also bear in mind need vs. risk. If the need to come to Canada is greater than the risk you pose to Canada, then you should be accepted most likely. On the other hand, if the risk you pose to Canada is greater than the need, you will most likely be denied. If the officer thinks you are good to go, then you will be issued a Temporary Residence Permit. On it will be the date when you will have to come back.
Make sure if you need to extend your stay that you apply for renewal before your permit expires. Staying beyond your permitted stay is illegal and there are fewer chances that you will be issued another Temporary Residence Permit in the future.
You can also seek the help of a legal professional to help you prepare a strong TRP application and getting you prepared for the interview at the port of entry. An advantage of doing so will increase your chances of getting into Canada.
Can I renew my TRP if it has expired?
If you Temporary Resident Permit has expired or you have not followed the conditions on your TRP such as working or studying without the authorization or not exiting Canada before the expiry date or renewing your status you have violated an offence under the Immigration and Refugee Protection Act. Therefore one must respect the conditions or you can be subjected to an admissibility hearing which could possibly lead to being removed from Canada.
Are there fees for TRP application?
Yes, there are fees involved in obtaining the Temporary Resident Permit. You have to pay a fee of $200 CAD for your TRP application. This fee will not be refunded if the permit is refused.
Do I need a medical examination for obtaining my TRP?
If medical examination is required the immigration officer will send a letter with written instructions to send medical examination. Medical examination and assessments take time to process therefore it may add over three months to your application processing time.
What do I need to include when applying for another TRP?
- Two passports photos by each family member applying for TRP
- Identity documents if you are not a US citizen such as passport or travel documents
- Identity documents for US citizens such as passport or birth certificate
- Photocopies of your current immigration documents (work permit, study permit etc)
- Supporting documents that shows you have resolved your inadmissibility or non-compliance issues
- Letter that shows how you will support yourself and how you will pay for your travel expenses when exiting Canada
- Letter that explains why you need a TRP and why the officer should grant you one
- Police Clearance Checks
Should I file my own TRP application or hire an immigration lawyer?
Filing for a temporary resident permit application is not an easy process; many clients try to file their own application and the immigration officer refuses due to not having sufficient supporting documents to support their case or failing to conditions set by immigration Canada. Hiring a representative will be very beneficial to you as they will review and prepare a strong application for you with all the supporting documents that the immigration officer will be looking for.
Contact Akrami & Associates
If you have an urgent travel date to Canada but have denied entry for criminal inadmissibility or non-compliance and require assistance with your TRP application feel free to contact us at 416-477-2545 or call our toll free number at 1-877-820-7121 and will be glad to assist you with your matter. At Akrami & Associates, there is always a way!