Denied Entry to Canada

Immigration Blog about US & Canadian Immigration matters.

Immigration Blog about US & Canadian Immigration matters. If you would like to learn about US and Canadian immigration matters you have came to the right place to read blogs.

TRP vs Criminal Rehabilitation

TRP-vs-Criminal-Rehabilitation
HELP! I have to Overcome Criminal Inadmissible to Travel to Canada!

Have you recently been denied entry into Canada at a port of entry, or had your visitor visa application denied? Have you learned recently that your criminal record will affect your ability to visit Canada? If so, you must deal with your inadmissibility before you will be permitted to enter the country. It is also very useful to know that if you have an issue with criminal inadmissibility, there are different ways you can overcome this. Often, people wish to enter Canada for very good reason, perhaps to visit relatives who are sick or to celebrate familial weddings. It would be a shame to be forced to miss these events because you are inadmissible to Canada and were unaware of the avenues available to overcome this issue. If you are inadmissible to Canada but would still like to enter Canada, your options are to submit an application for criminal rehabilitation or apply for a temporary resident permit. Therefore, throughout this article, we will discuss what each of these applications entails, and how to apply for each.

What Is A Temporary Resident Permit? What Is Criminal Rehabilitation?

First and foremost, BOTH a temporary resident permit and an application for criminal rehabilitation only make you admissible to enter Canada. NEITHER of these documents gives an individual permission to actually enter Canada for any length of time. If you wish to travel to Canada, you must determine whether you are from a visa-exempt or a non-visa exempt country, and apply for the necessary travel documents accordingly. As a traveler from a non-visa exempt country, you will need a visitor visa. On the other hand, if you are a traveller from a visa-exempt country, you will only need an Electronic Travel Authorization (eTA).Ultimately, it is important to understand that along with a temporary resident permit or an approved application for criminal rehabilitation, you will also need a valid visitor visa or eTA to be permitted to enter the country.

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Apply to Visit Canada

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Apply for a Visitor’s Visa

Are you considering a trip to Canada temporarily? Do you come from a non-visa exempt country? Every year over 35 million people travel to Canada. Sometimes, people come to visit relatives, or, to attend a business trip, or, maybe even for simply tourism. If you do not come from a visa-exempt country and are trying to visit Canada, you must apply for a temporary resident visa, to be permitted to enter the country. All applicants must ensure they apply for all the necessary documents before attempting to travel to Canada, to avoid being denied entry at the border. If you come from a visa-exempt country, you have less to worry about than anyone else. Or, for example if you have a criminal history, you must address your inadmissibility before being able to enter Canada. If you are thinking about travelling to Canada in the near future, continue reading this article to find information that could be beneficial for you. Let us help you in applying for the right visa today!

What is a Visitor’s Visa?

A visitor visa, otherwise known as a temporary resident visa, is a document which allows individuals who are from non-visa exempt countries to enter Canada. If you are from a visa-exempt country, you do not require a visitor visa; rather, you simply require an eTA, otherwise known as an Electronic Travel Authorization. In order to apply for a visitor’s visa, you must only be requesting to enter the country on a temporary basis. To apply for a visitor visa successfully, you must be able to prove to an immigration officer that you will leave after the period of time your visa is valid for, is up.

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Outlining the Ways to Overcome Your Inadmissibility

Outlining-the-Ways-to-Overcome-Your-Inadmissibility
How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. 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, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to 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 are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

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Important Information About Authorization To Return To Canada Applications

important-information-about-authorization-to-return-to-Canada
Do You Need an Authorization to Return to Canada?

Have you previously been ordered to leave Canada, and are now wondering what this means for your ability to visit the country again? Being ordered to leave Canada is one of the many reasons an individual may be considered inadmissible to the country, and ultimately not be allowed to enter the country. You will know that you have been ordered to leave Canada if you receive a removal order from Canadian immigration services. If this sounds like the circumstances you face, there is good news! Akrami and Associates has plenty of experience evaluating the unique circumstances individuals may face, and helping each one solve their issue of being inadmissible to the country. Keep reading to find out if you will likely need an authorization to return to Canada (ARC), before you are permitted to enter the country again.

What Is an Authorization to Return to Canada?

An authorization to return to Canada (ARC) is a document any individual who has received a removal order from Canadian immigration services most likely needs, though, there are exceptions. In other words, an ARC is needed for any individual who travels to Canada and fails to comply with the requirements set out in the Immigration and Refugee Protection Act (IRPA). One can fail to comply with the requirements set out in IRPA by staying longer than the standard 6 months individuals are allowed to stay, or longer than is permitted according to their visitor’s visa in their specific circumstance. One can also violate IRPA regulations by working or studying in Canada while they are not permitted to do so, for example. Violating the regulations set out in IRPA do not simply trigger your removal from Canada, it is most likely that following this occurrence, you will require an authorization to return to Canada before you are allowed to enter the country. To be clear, you are often considered inadmissible to Canada if you violate the regulations of the IRPA. An ARC overcomes your status as inadmissible if you are inadmissible as the result of a removal order.

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Overcoming Criminal Inadmissibility

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What Is Criminal Inadmissibility?

Have you ever been convicted of a crime? Are you thinking about travelling to Canada? First, you may want to go over your situation to determine whether or not you are considered “criminally inadmissible.” Criminally inadmissible is a term used to describe any individual who has been convicted of an offence which would be considered a crime under the Canadian Criminal Code. In other words, if you would have been charged with a crime for doing the same things you did in your country of origin, while in Canada, you are criminally inadmissible to travel to Canada. There are a variety of reasons you may be considered criminally inadmissible. This includes anything considered an offence in the Canadian Criminal Code, such as being convicted of driving under the influence and dangerous driving, all the way to assault and manslaughter. If this sounds like the situation facing you, you’ll definitely want to carefully consider how your criminal record or any offences you have committed, will affect your admissibility to Canada.

Who Is Considered Criminally Inadmissible To Enter Canada?

As mentioned, anyone who would have been convicted of a criminal offence under the Criminal Code of Canada is criminally inadmissible to enter Canada. It is important to understand that you do not have to have a criminal record in your home country, to be considered criminally inadmissible to Canada. Even though it is usually the case that those who would have a criminal record in Canada also have a record in their country of origin, this is not always the case. One example could be if you are pardoned by the courts in your country of origin, and you effectively have no criminal record. Even if this is the case, if the Canadian courts would not have pardoned your actions, then Canadian border officials will still treat you as if you have a criminal record and you will be criminally inadmissible to enter Canada. A much more common example occurs with citizens of the United States. In the USA, driving under the influence (DUI) is not always pursued as a serious offence. At the same time, driving under the influence is not taken lightly by Canadian courts at all. This is an example of a case in which you may be led to believe your offense is minor and you should be able to enter Canada as a deemed rehabilitated citizen after a 5 year period, rather than a 10 year period. Though, under the Canadian Criminal Code, the offense may not be considered minor, and you may be treated as if you committed a serious offence. The important thing to understand is that your criminal record in your country of origin is not directly transferrable to Canada. Your criminal record from your country of origin is essentially translated to reflect what your record would look like in Canada.

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Changes to Medical Inadmissibility Regulations

Changes to Medical Inadmissibility Regulations
New Changes to Medical Inadmissibility Rules

Mr. Ahmed Hussen, Canada’s Immigration Minister, has recently announced that the current regulations with regards to medical inadmissibility for migrants to Canada do not abide by Canadian values and thus need to be reformed. Immigration Canada is very particular with who they allow into the country. If a foreign national is deemed to be medically inadmissible to Canada, then they will be denied entry. The medical inadmissibility can be due to a number of different reasons. Therefore, in this article, I will explain the new changes to medical inadmissibility regulations in Canada and how to overcome medical inadmissibility.

Changes to Medical Inadmissibility Regulations

Canada’s Immigration Minister, Ahmed Hussen, had a meeting with Parliament’s Standing Committee on Immigration on November 22, 2017, to discuss and review medical inadmissibility rules for immigrants to Canada. He felt as though this was long overdue and very much necessary. Currently, Canadian Immigration refuses foreign nationals wishing to enter Canada either temporarily or permanently for medical inadmissibility if they believe the foreign national would cause an excessive demand on social and health care services. However, this regulation is over forty years old and needs to be reformed into a 21st century. Specifically, Mr. Hussen stated that this principle of the excessive demand on social and health care services does not align with Canadian values and does not allow for the inclusion of people with disabilities.

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What are Hybrid Offences

What are Hybrid Offences
Hybrid Offences & How to Gain Entry into Canada

In order to successfully gain entry into Canada, you must not have any inadmissibility. Inadmissibility comes in many different forms; however, the most common reason is criminal inadmissibility. For individuals with hybrid offences, they may be able to gain entry into Canada or they may be denied entry into Canada. To avoid being denied entry into Canada, there are viable options for these individuals to overcome their criminal inadmissibility. Therefore, in this article, I will address what a hybrid offence is, what options are available to individuals with hybrid offences, and much more.

What are Hybrid Offences

First and foremost, it is important to recognize and thoroughly understand what hybrid offences are to better know what options are available to you to become admissible. Thus, when an individual is charged with offence, the Crown counsel will be the one to decide what offence you are ultimately charged with. The punishment that an individual will receive will depend on the type of offence they are charged with. For instance, depending on the offence, they can either receive a minimum or maximum penalty. Specifically, hybrid offences are unique compared to summary and indictable offences as hybrid offences are in between the two. Below, I will explain each offence in detail for you to better understand. 

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Does Canada Accept Foreign Country’s Pardons

Does Canada Accept Foreign Country’s Pardons
Foreign Country’s Pardons Recognized in Canada

There are several foreign nationals all over the world that would like to visit Canada and experience what the country has to offer. However, should that foreign national have a criminal record or a criminal offence in their country of origin then the chances of them entering Canada is slim. In Canada, a foreign national will become inadmissible if they have a criminal history in or outside of Canada. In this article, I will be primarily speaking on behalf of criminal offences made outside of Canada and how this affects foreign nationals wishing to enter Canada. I will also discuss whether or not Canada will accept a foreign country’s pardon and if that individual would still be inadmissible to Canada if they do have a pardon.

Criminally Inadmissible to Canada

In Canada, if you have a criminal offence or a criminal history from a different country, you will be deemed criminally inadmissible to Canada and will not be permitted entry into Canada. Luckily, Canada also gives these inadmissible individuals the opportunity to overcome their inadmissibility to Canada by applying for a Criminal Rehabilitation application. In order to apply for a Criminal Rehabilitation, you must show sufficient evidence to Immigration that shows your convictions and the completion of any sentences of said convictions. You may also include any evidence that shows you have indeed changed your lifestyle for the better since the convictions.

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Criminal Rehabilitation versus Temporary Resident Permit

Criminal Rehabilitation versus Temporary Resident Permit
Denied Entry to Canada for Criminal Record?

It is not easy to travelling to Canada with a past criminal record, you can be denied entry to Canada for criminal record that was over 40 years ago. If you have travel date in mind and not sure what steps you need to take to have successful entry into Canada then read our blog below. It will explain what steps you need to take to overcome your inadmissibility on temporary and permanent basis.

What is Criminal Rehabilitation?

Criminal Rehabilitation is a form of authorization to enter Canada issued for those who are not allowed to do so due to committing security or criminal offences outside of Canada which corresponds to serious offences in Canada and would bring about convictions if committed inside Canada. When a person applies for Criminal Rehabilitation he officially requests forgiveness for offences he committed in a foreign country. Once the application for Criminal Rehabilitation undergoes the process the result will be a permanent pardon; therefore, there would be no need to apply for TRP every time he/she wants to enter Canada and as long as the person does not re-offend

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Reason you can be Denied Entry to Canada

Reason you can be Denied Entry to Canada
Denied Entry at Canadian Port of Entry

When travelling to Canada the immigration officer at the port entry has the right to refuse you entry based on the following grounds: past criminal convictions, health or financial problems, and security reasons. The immigration officer can simply deny you entry for a minor offence that was dated back over 30 years ago. These immigration officers are super cautious of who they will allow entry into Canada to ensure the safety of Canadian citizens.

So if you have major offence on record don’t even bother attempting at the port of entry without going in prepared or consulting with an immigration expert. For example, if you have a past assault or DUI charge and you have taken care of your inadmissibility in your country of citizenship but not in Canada then you will be refused entry as you have to take care of it on the Canadian side as well. Depending what is on your record, what you served for it and how long ago it was determines what type of application you need to apply for.

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Reasons you can be Denied Entry into Canada

Reasons you can be Denied Entry into Canada
Can a Customs Officer deny an American entry to Canada?

If you are an American looking to enter Canada on a temporary basis, whether it be for a quick trip to Toronto to attend a sporting event, or a visit spanning several months; make sure your entry to Canada is a smooth one. Although the US is a visa exempt country (meaning not every American needs to apply for a Visa before entering Canada), the Customs Officer at the border may still decide to deny entry to an American trying to enter Canada.

Americans are not guaranteed entry to Canada, and in many ways your approval to enter is at the discretion of the Customs Officer reviewing your admissibility at the port of entry. Therefore, it is a good idea to know in advance what officers are looking for, in order to make sure you aren’t turned away.

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Denied Entry to Canada Because of Criminal Conviction

Planned a Trip to Canada but got Denied Entry at the Port of Entry?

Have you planned your trip to Canada and have come to Canadian border and denied at the Port of Entry? Well if this is your situation you are not the only one!! We get dozens of calls every day about individuals being denied entry to Canada and are not exactly sure why they have been turned back at the port of entry. Well, there could be many reasons for being denied entry ranging from minor to major criminal offenses that you might have been convicted years ago. To name some reasons why you could be denied entry Canada are as follows:

Possibly being a security risk to Canadian citizens

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Who Needs Authorization to Return to Canada

Authorization to Return to Canada

Being removed from Canada can be tough and embarrassing for many. However, you can still be let back into Canada despite your removal. You can do this by obtaining an authorization to return to Canada which will be discussed further below.

What is Authorization to Return to Canada?

The authorization to return to Canada is a special authorization that allows you to return to Canada if you were removed from Canada. You can receive an authorization to return to Canada if you are looking for permanent residency, are looking to visit Canada once or multiple entries to enter Canada in a stated time period.

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Denied Entry to Canada for DUI

Denied Entry to Canada for DUI
Barriers to Being Denied Entry to Canada

A common barrier to entry into Canada is prior criminal convictions that may seem insignificant to you as a traveler. One of the most recurring convictions among these is what is commonly referred to as driving under the influence (DUI), and can deal a significant blow to your travel arrangements, regardless of the duration or reason for your trip. Other ways such a charge might appear on your driving record are as follows:

Driving While Impaired (DWI)

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Cross New York Canada Border with a DUI

Cross New York Canada Border with a DUI

A mistaken assumption that United States citizens often make is assuming that Canadian laws are uniform to American laws. Often times, United States citizens will come to Canada and be denied entry because of what they presume to be a “minor” conviction in the past. It is important to note that, any criminal conviction may be held against someone wanting to enter Canada.

In addition to this, what many United States citizens do not know is that, in Canada, driving under the influence (DUI) is a serious crime. If you are in the position of wanting to enter Canada with a DUI offence, chances are, you will be denied entry to Canada. This being said, it is still possible to enter Canada depending on your circumstances.

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