Denied Entry to Canada for Inadmissibility
Canadians are known to be polite and easy-going but when it comes to crossing the borders the immigration officers take their job seriously and don’t mess around when it comes to entering Canadian borders and ensuring the person has no inadmissibility issues. The ability for you to enter Canada is at the discretion of the officer and based on the facts presented will determine your admissibility to Canada case-by-case basis. So if you happen to have inadmissibility issue ensure you meet all the requirements prior to attempting to cross the border. Depending what your offense was on record and when you have completed whatever that was imposed on you; you may be eligible to apply for either a Temporary Resident Permit (TRP) or Criminal Rehabilitation. Temporary Resident Permit are issued for temporary entry into Canada and Criminal Rehabilitation is permanent document that allows you travel with ease if you meet the requirements. Below we will focus only on the temporary document TRP and its eligibility criteria.
What is a Temporary Resident Permit (TRP)?
A Temporary Resident Permit (TRP) is a travel document issued to individuals who wish to enter Canada but have inadmissibility issues that prevent them from entering Canada due to a number of reasons. Temporary Resident Permits are usually issued to individuals who have a criminal record and want to enter the country based on certain circumstances and/or external factors. These criminal records, whether major offences – such as acts of terrorism – or minor offences – such as shoplifting, dui, misdemeanour, could cause inadmissibility problems. Issuing a Temporary Resident Permits to foreign nationals allows immigration officers to determine if an individual with a criminal record should be allowed to enter the country based on the reasons they provide; and if so, how long they can stay in the country.
Reasons for which admissibility issues could deter an individual to enter Canada include, but are not limited to:
- Having had perform acts of espionage or have had authorised acts of espionage. This means using spies or other such persons without authorisation to infiltrate and investigate matters of national interest and security which were not open to the public
- Subversion; such as attempts to overthrow the government or creating political turmoil with the intent to overthrow the government
- Having performed acts of violence or terrorism, this includes the illegal usage of firearms with the intent of harming someone
- Being a member of an organisation or an entity that was or is involved in any of the above activities, such as the organisation carrying out activities of terrorism, or violence against others, or the organisation was involved in a plot to overthrow the government or acts of espionage
Human or International Right Violations:
- Being convicted for war crimes, or as such in time of peace
- Being convicted of instituting crimes against humanity, such as genocide or ethnic cleansing
- Being an official in a government which is known for its serious abuse of power, and committed to acts of violating human rights and international treaties and conventions and is the subject of international sanctions by other countries
Other Reasons Include:
- Committing a serious offence in a foreign country that if the crime were committed in the Canada, it would be punishable by a Court of Law for a maximum sentence of at least 10 years
- Having being convicted of any crime in a foreign country such that the crime was committed in Canada, it would be punishable by law; especially driving while under the influence of drugs or alcohol or committing substance abuse and then operating a vehicle which will endanger the lives of those around you.
- Being seen unfit for entry due to health concerns, such that if you were allowed entry into Canada, your admission would put all those who come in contact with you at risk of infection. The immigration officer who will assess your case will have to determine if your medical illness will have a negative effect on the population, whether it is curable, and if it is contagious.
- You could also be denied entry n to Canada on financial grounds, where you are unable or unwilling to support yourself and any accompanying family members or travelling partners with you due to insufficient funds available to you. It is recommended to have at least $22,000 in Canadian funds available and $7,500 for every additional person. This is the cost of expenses for one person and two people respectively.
- Misrepresentation and/or document fraud, whether intentional or unintentional. Providing false information, as related to the Immigration and Refugee Act, will subject to your application being successful and would further complicate any application you apply for in the future. This is why it is important you have provided all the correct, exact, and up-to-date information on all of your applications and have thoroughly proof read everything you submit.
Can I be Denied Entry if the Person travelling with has Inadmissibility Issue
You can also be denied entry and have inadmissibility issues if your travel party consists of a person or relative who has inadmissibility issues and cannot enter Canada and require a Temporary Resident Permit to legally stay in.
- Being convicted guilty of the following crimes outside of Canada that are punishable in Canada:
- Dangerous Driving;
- Driving while under the influence of drugs and/or alcohol
- Possession of or the trafficking of drugs and controlled substance or assisting someone or an entity in trafficking, smuggling, possessing, or storing drugs and/or controlled substances.
Do I need TRP if I was convicted as Minor?
If you were convicted of crime in a foreign country where you were under the age of 18, you may still be able to enter Canada without first having to obtain a Temporary Resident Permit, but it all depends how you were charged as minor or adult, severity of your offense, reasons you want to travel to Canada, what your offense equates to Canadian law and much more. In order to apply for the TRP you must have a valid reason to enter and stay in Canada, such as attending a conference for your business or company, or attending a family reunion. For any reasons of entry, an immigration officer at a port of entry such as an airport or sea port will determine if the reason you stated for entry is eligible for you to be issued a Temporary Resident Permit. Even if you believe the reason of inadmissibility to be minor or if it occurred from a long time ago you must show proof that your reason for seeking entry is valid.
Contact Akrami & Associates
For a successful Temporary Resident Permit application, you will have to provide an abundant and sufficient amount of paperwork and documentation that will convince the immigration officer that you will obey the law while you are in Canada that your reason for entry is valid, that you will respect the terms of your stay in Canada, and that you will leave Canada once your authorised period of stay is over. Contact us at Akrami and Associated today to book a consultation and determine what next steps you should take. With Akrami & Akrami there is always a way!!