Denied Entry to Canada
What steps to take when denied Entry to Canada? There are different reasons you can be denied entry into Canada. One of the most common reasons include being denied entry for a past criminal record or having received a removal order in the past due to overstaying your welcome stay as visitor or worker in Canada. Depending on your circumstances you may have to apply for Temporary Resident Permit, Criminal Rehabilitation or Authorization to Return to Canada. To see what type of document you would need to apply for to enter Canada then continue reading below as there key differences in each application.
Temporary Resident Permit
Temporary Resident Permit (TRP) is temporary document that allows you to enter Canada on temporary basis if you have past health, financial or criminal inadmissibility. This document is recommended for individuals that have an urgent business trip, family emergency or leisure trip planned to Canada; however their past criminal record such as a DUI could potentially prevent them from entering. The TRP is recommended for these individuals to overcome their inadmissibility issue on temporary basis. So even if your offense was over 50 years ago and you have served and completed everything in your home country, the immigration officer in Canada has the right to refuse you entry. You must remember that the criminal code of Canada is different than from your home country, therefore what you served and completed may be completely different from what you have to serve in Canada.
If you were to have an urgent travel date to Canada, you simply take your TRP package to the border and your application gets processed the same day rather than waiting 4-12 months to get a decision from the consulate. TRP can be applied at the port of entry only if you come from visa-exempt country such United States.
To determine your entry into Canada, the immigration officer reviews your need of entry versus risk upon Canadian citizens. If the officer believes you are not rehabilitated or your offense is serious in nature you will be asked to go back home as they are not satisfied with your purpose of visit and offense on record. Should this happen the officer will inform you to submit an application at the consulate.
Criminal Rehabilitation
Criminal Rehabilitation is also for persons with past health, financial or criminal inadmissibility, however this document takes care of your inadmissibility issue on permanent basis.
To determine if you qualify for criminal rehabilitation the immigration officers looks at the following:
- What was your offence on record
- How many offences you got on record
- What was imposed by the court on you
- What you served and completed
- Purpose of visit to Canada
- Your current situation
To determine if you have to wait 5 or 10 years depends on the above reason. If you qualify for criminal rehabilitation the wait time is usually 8-12 months and can only be submitted at consulate level. Sometimes your application may be sent for secondary review and that can be up to 18 months or plus (usually for serious and multiple offences). These applications are not easy and highly recommended to consult with an immigration expert prior to starting your application process. You can call us at 416-477-2545 for more information on this matter.
Authorization to Return to Canada ARC
If you have received a removal order from Canada and wish to enter back then you would need to apply for Authorization to Return to Canada (ARC) . Most persons that receive a removal order is because they have
- Overstayed their welcome stay in Canada as a temporary resident
- Submitted a refugee application in the past that was refused
- Misrepresented themselves directly or indirectly
When you are applying for ARC you are requesting permission from the government of Canada to be able to enter. It is important to note that there are three types of removal orders and each have their own set of requirements:
Departure Order
If you received a departure order you need to exit Canada within 30 days and verify your departure at the port of entry with the immigration officer. As long as you verified your departure and have your exit stamp then you can travel to Canada just like anyone else.
Exclusion Order
If you received an exclusion order and 12 months have passed since receiving the exclusion order then you can enter Canada normally like everyone else. To be able to enter like anyone else you must ensure you have the exit stamp on your passport or certificate of departure to proof you left Canada on time. If you wish to enter Canada prior to the 12 months then you need to apply for ARC application.
Deportation Order
If you received a deportation order then you have no choice but to apply for an ARC application. You cannot enter Canada until you get a decision on your ARC application.
When receiving an exclusion or departure order you must ensure your passport has the exit stamp on it otherwise you would need to apply for ARC application as you cannot proof you exited on time.
Contact Akrami & Associates
If you have received a removal order or been denied entry to Canada for past health, financial or criminal inadmissibility then contact Akrami & Associates at 416-477-2545. Tackling these applications on your own is not easy and you can risk your chance for entering Canada. Our immigration experts have dealt with TRP, Criminal Rehabilitation and ARC applications on daily basis and we can help you too. Call us today for further details.
With Akrami & Associates there is always a way!!