Denied Entry to Canada

Ways to overcome Inadmissibility to Canada

How to Overcome Inadmissibility to Canada

If you have inadmissibility to Canada, you will be denied entry. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize. One day they learn they are inadmissible to Canada for one reason or another and should never expect to be able to enter Canada. In this article you will learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you have a removal order, then you will require an authorization to return to Canada.

Temporary Resident Permit

A temporary resident permit allows you to temporarily visit Canada despite your inadmissibility. You need to have a compelling reason to come to Canada, and convince an immigration officer you will not be a threat to the security of Canadians for the duration of your visit. You must also inform an immigration officer you will leave at the end of your authorized stay in Canada. Essentially, in assessing your application for a temporary resident permit, an immigration officer will consider whether your “need” to enter  Canada outweighs the “risk” you possess to Caanda and Canadians. Then, you will be issued a temporary resident permit for a specific length of time if it is “justified in the circumstances.”

Criminal rehabilitation

Unlike the temporary resident permit, criminal rehabilitation is a permanent solution to overcoming your inadmissibility. To be eligible for criminal rehabilitation, there are certain requirements you must meet regarding the amount of time which has passed, based on the offenses you are inadmissible as the result of. Factors like severity of the offence, how many offences committed are all important when determining the amount of time which must pass before you will be granted the status of criminally rehabilitated and permitted to travel to Canada as you please again. These applications take approximately 18 months to process and depending on the nature of your offense; the total application processing fee will either be $200CAD (minor offenses) or $1000CAD (serious offenses). Though, some individuals have an urgent need to come to Canada, and cannot wait 12 months for an approval. In this case, they could apply for a temporary resident permit at the port of entry, and can then truthfully tell the officer an application for criminal rehabilitation has been submitted to the consulate. There is a good chance this reflects well on you, in the officer’s opinion.

Authorization to Return to Canada

If you are inadmissible to Canada because you received a removal order, you may need to apply for authorization to return to Canada, depending on the type of removal order you received. There are three types of removal orders, they are as follows: Departure Exclusion Deportation
  1. A departure order is a notice that you must leave the country within 30 days of being issued the notice. Also, when you leave the country, you must notify a Canadian border officer that you are leaving the country to have fully complied with the requirements of your departure order. Failure to abide by the conditions of your departure order will result in it automatically becoming a deportation order. For example, if you do not leave the country within 30 days, or you do not inform an officer of your departure, your departure order will automatically turn into a deportation order. On the other hand, if you do abide by the conditions on the order, you will not require an authorization to return to Canada, because the departure order did not make you inadmissible. Therefore, it is very important to carefully follow the instructions of a departure order.
  2. An exclusion order requires you to leave the country, and stay out of the country for at least 12 months following your departure. Similar to a departure order, you must inform an immigration officer of your departure so that you can be issued a certificate of departure, showing the date you exited the country. Without this certificate, there is no way to prove you have stayed out of the country for at least 12 months, and this will greatly complicate your ability to enter Canada again. In fact, if you wish to enter Canada again and you did not receive a certificate of departure, or, less than 12 months has passed, you must apply for an authorization to Canada. Though, the good news is, aside from these circumstances, an exclusion order does not render you inadmissible to Canada.
  3. Finally, if you received a deportation order, you definitely need individual to apply for authorization to return to Canada, to be permitted to re-enter the country. This is because a deportation order makes you an inadmissible traveler indefinitely. So, if you would like to re-enter Canada at any time in the future, you must obtain express permission from an authorization to return to Canada first.

Contact Akrami and Associates

If you believe you may be inadmissible to Canada for any reason, you will need to prepare a strong application, as immigration officers have complete discretion as to whether or not you will be allowed to enter Canada again. Applying for an ARC, a temporary resident permit, or criminal rehabilitation can be extremely stressful and difficult to pursue on your own, because each application is very specific to your given circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients, who have inadmissibility, enter Canada. Please feel free to contact Akrami & Associates at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice. With Akrami & Associates, there is always a way!

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