If you have tried to enter Canada and been told you are inadmissible you were likely turned back at the border or airport and denied entry. This can be a disheartening experience, but understanding the reason for the determination and knowing how to address a past denial, can significantly improve your chances of a successful entry in the future.
Common Reasons for Being Denied Entry to Canada when you have a record.
Criminal Inadmissibility
Canada has strict laws regarding individuals with criminal records. Even minor offenses, such as DUI (driving under the influence) or possession of controlled substances, can result in denial at the border. The Canadian government conducts thorough background checks, and they have access to criminal convictions in other countries. Any criminal history can raise red flags. If the border officer determines that your conviction equates to an offense under the criminal law of Canada, then you may be found inadmissible.
Minor offenses
If your offense equates to something that is considered minor criminality in Canada, the officer will want to know how long ago you completed your sentence. If they can determine that you only have one minor offense and the sentence was completed over 10 years ago, you may be considered Deemed Rehabilitated and allowed to enter Canada. If you have more than one minor conviction, less than 10 years has passed since the sentence was completed, or your conviction is considered major criminality, you will need to make an application to overcome your inadmissibility.
Major criminality
If your offense equates to an offense that is considered major criminality in Canada, the officer will want to see proof that you have been determined to be rehabilitated for that conviction or that you have an approval of a Temporary Resident Permit, before they will admit you to Canada. It does not matter how old a major offense is, you will never be Deemed Rehabilitated for that kind of conviction.
While being denied entry to Canada can be a setback, there are ways to address and potentially overcome the reasons for denial.
Criminal Rehabilitation
If you have a criminal record, applying for criminal rehabilitation can help. This process involves demonstrating that you have been rehabilitated and are no longer a risk to Canadian society. In order to be eligible to file an application for rehabilitation, at least 5 years needs to have passed since the completion of your last sentence.
Temporary Resident Permit (TRP)
A TRP can allow you to enter Canada temporarily if you have a valid reason. This permit is granted either at the Canadian consulate in your home country or, in cases where travel is urgent, it can be approved by a Canada Border Services Agency (CBSA) Officer when you present yourself at the border. You do not need to wait for time to pass after your offense in order to be eligible for a TRP, but the less time that has passed the greater chance that you will be denied since you may be considered a risk to Canadians.
Deemed Rehabilitation
You may not need to apply for anything in order to overcome your inadmissibility. If more than 10 years has passed since the completion of your sentence for your one minor conviction, your offense should no longer make you inadmissible to Canada. If you are concerned that your offense may not be deemed rehabilitated, you can seek a determination of deemed rehabilitation from the Canadian Consulate in your home country prior to your travel.
Conclusion
Being denied entry to Canada due to criminal inadmissibility can be a challenging experience, but it doesn’t have to be the end of your travel plans. By understanding the reasons behind your denial and exploring available remedies, such as Criminal Rehabilitation, applying for a Temporary Resident Permit (TRP), or determining if you are deemed rehabilitated, you can take proactive steps to overcome these obstacles. Proper preparation and, if needed, consultation with an immigration lawyer can help you navigate these processes and increase your chances of successful entry into Canada in the future.
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If you have questions regarding Entry to Canada or Criminal Inadmissibility, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
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