Denied Entry to Canada Because of Criminal Conviction - Immigration Law Firm

Bahar's Blog about Immigration to Canada & USA

Bahar's Blog about Immigration to Canada & USA

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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

  • Have committed a human rights violations

  • Being involved in some criminal activity

  • Being very sick causing to be a health risk to Canadian citizens

  • Lying in your application

  • Having financial problems (not showing enough finances to support yourself during your stay in Canada)

  • Having a criminal inadmissibility such as DUI, theft, assault, manslaughter, dangerous driving, possession of drugs etc.

Depending on your situation you may qualify to apply for Temporary Resident Permit also known as TRP. The TRP allows travellers to enter Canada for temporary basis and it is good for individuals that need to come to Canada for business meetings or attending a special occasion immediately or any other reason that might be considered valid. It is recommended to apply for TRP or Criminal Rehabilitation in advance prior to attempting to cross the border. You can apply for criminal rehabilitation to have your criminal offense to be pardoned officially if five years have passed since the end of your sentence. If you think you leading positive lifestyle not involved in any other criminal activities than criminal rehabilitation might be for you!!

I Got a Removal Order can I come back to Canada?

Removal orders are issued for different reason such coming to Canada and working illegally, not employed to prove strong ties to your home country, security reasons such participating in violent acts or terrorism, human or international rights violations, being sick which could possibly risk the health of Canadian citizens, not proving sufficient financial funds to support yourself or family members in Canada, giving false information to the officer or having a family member that is inadmissible to Canada or failing to meet residency requirements.

Therefore, before planning to come back to Canada you must ask yourself the following questions:

  • Why was I given a removal order

  • has my current situation changed

  • Will I commit the same behaviour again

  • How long ago was the order issued

  • Why you want to come to Canada

Once you have assessed your situation and you know your current situation has changed since the last time you were issued a removal and have good reasons to come back to Canada you may qualify for Authorization to Return to Canada also known as the ARC. The ARC is only for individuals who have a Canadian visit visa or received any of the three removal orders discussed below.

Reasons you can have Removal Order from Canada

Can I come back to Canada with a Departure Order?

Departure orders are issued for individuals that have less serious crimes. When receiving your Departure Order from Canada it means you have 30 days to leave Canada. To avoid future problems of coming back to Canada it is very important to verify your departure with a Canadian Immigration Officer at the Port of Exit. When you verify your departure with officer at the port of exit you do not need to apply for Authorization to Canada but simply return after you have completed your examination at the port of entry. If you fail verify your departure when leaving Canada or leaving after the 30 day deadline then the Departure order becomes a Deportation Order. It is very important to follow rules and regulations issued to you or else you may never be able to come to back to Canada as not everyone is eligible to apply for Authorization to Return to Canada.

Can I come back to Canada with an Exclusion Order?

When you are issued an Exclusion Order from immigration Canada you cannot come back to Canada for a specific period of time ranging from one-two years depending of what your crime was. If you tried to enter Canada with incomplete documentation you would be banned for one year. Two year ban is for individuals that committed a serious offense such as give false information, misrepresentation acts of violence etc.

Do I need to apply for an ARC if I served my banned term?

  • You do not need to apply for ARC if you Exclusion Order has expired meaning you have served your banned period

  • You also don’t need to apply for an ARC if you have a Certificate of Departure that shows the day you left Canada.

  • If your banned term is not up and don’t have a certificate of departure and like to return to Canada then you will need to apply for an ARC

Can I come back to Canada with a Deportation Order?

Deportation Orders are issued for individuals that have serious offenses such as criminal activity that involves being a security risk to Canadian citizens, convicted of a crime in Canada or outside of Canada, participating in organized crimes, being a health risk to Canada society, facing serious financial problems, giving false information to the officer etc. If you were deported from Canada due to a criminal inadmissibility then you will need to apply for criminal rehabilitation and may be eligible for temporary resident permit (TRP) to come back to Canada. To return to back to Canada you must apply for Authorization to Return to Canada if you had received the Deportation Order. In your application you must explain why you want to come to Canada and why the officer should allow you entry into Canada.

If I have deportation order and want to study, visit, work, or immigrate to Canada do I have to apply for a separate application?

You should not submit a separate application for an ARC if you are coming to Canada to study, work, visit a family member, to immigrate or for any other reasons you might want to travel to Canada. For example, if you apply for a study permit and got an approved application the ARC will be dealt within the context of that application.

I have deportation order can I stop or delay the deportation order from Canada?

If you are permanent resident of Canada or a protected person you may be able to appeal your removal order from Canada. If you have come to Canada illegally, been involved in organized crimes, security threat to Canadian citizens, convicted of a serious crime and sentenced for more than two years or violated international or human rights than you are not eligible for an appeal and have to exit the country.

Contact Akrami & Associates we are here to Help!!

If you find yourself in sticky situation and need to come to Canada for temporary or permanent basis and not sure where how you can come back to Canada then don’t worry we are here to help. At Akrami and Associates we immigration professionals that have over 10 years of experience dealing with situations like yours. If need help with filing your TRP or ARC application or have any other immigration questions we are here to help. Please feel free to call us at 416-477-2545 and one of our immigration specialists will be glad to assist you with your immigration matter.

With Akrami and Associates there is always a way!!

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