Denied Entry To Canada

If you have ever ventured to the Canadian border and have been denied entry? You were simply unaware that you are considered inadmissible to Canada; you know that additional documentation will be required if you intend on entering Canada. Reasons for denied entry may include past criminal offences, health risks to Canadian citizens or permanent residents, lack of financial resources or inconsistent documentation presented at the border.

Under what grounds can you be denied entry to Canada?

There are 4 main reasons (grounds) that a Canadian border officer can deny you entry to Canada if you are a US citizen or foreigner.

Denied entry to Canada for Security Grounds

An officer may have reasonable grounds to believe you are presently engaged (or previously or will be) in acts, which breach security. Any involvement in an organization that would harm others or acts that would violate international rights provide for reasonable grounds of refusal.

Denied entry to Canada for Criminal Grounds

Amercians and other foreign nationals with convictions outside Canada will likely be denied entry to Canada unless criminal rehabilitation is sought. Common convictions that will likely deny you from entering into Canada include: impaired driving convictions (entering Canada with DUI), reckless or dangerous driving, common assault, street racing, resisting a police officer, any drug related offences and theft or fraud.

Denied entry to Canada for Health Grounds

Specific reasons for Denied Entry to Canada due to health grounds include health conditions that would either cause or endanger the health and safety of Canadian citizens or permanent residents or burden Canadian health or social services, if treated.

Denied entry to Canada for Financial Grounds

You must satisfy an officer that sufficient arrangements for care and support are in place, which does not involve any social assistance. If an officer is not satisfied with your financial submissions, you will be refused entry.

Denied entry to Canada for Misrepresentation

It is a criminal offence in Canada to provide any false information to authorities at the border. Any material facts related to a current application, which is either withheld or misrepresented, is grounds for inadmissibility into Canada.

What You will Need To Enter Canada?

If you are considered inadmissible to Canada, you may require or qualify for any one of the documents you will need in order to enter Canada. In order to overcome inadmissibility, you will require:

A Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) will allow you temporary admittance to Canada, overcoming your inadmissibility for a set period of time. You can apply for this at a consulate or even at the Port of Entry – to accommodate urgent travel needs.

A Criminal Rehabilitation Application

If you have offenses that occurred in the past and have long since not reoffended, you may still be considered inadmissible. If you are successful in obtaining approval on a Criminal Rehabilitation application, this will overcome said inadmissibility permanently.

Authorization to Return to Canada (ARC)

If you have ever been officially asked to leave Canada or have received a removal order, for example, you may require special authorization to return to Canada (ARC).

How We Can Help You Enter Canada

When it comes to inadmissibility, knowledge of Immigration Regulation as well as the Canadian Criminal Code is essential. When submitting an application like this, you not only need to be able to translate foreign law into applicable Canadian Law, you need to also make sound legal arguments as to why you should be allowed into Canada.

We will assist you:

Draft the necessary forms;
Draft appropriate supporting documentation like reference letters;
Assist you in obtaining necessary documentation like police clearances and court documents;
Translate foreign law into Canada law and apply this to current Immigration Regulation;
Compile the strongest possible case as per your unique situation;
Prepare you for submitting your application at a Port of Entry; and
Of course, be with you every step of the way.

For more information on inadmissibility, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.,

How Long Before You Can Get Into Canada if Convicted for a DUI?

Entering Canada with DWI or DUI

If you have been convicted for Drinking Under the Influence (DUI), then you may be denied access to Canada due to criminal inadmissibility. There are several options that may be applicable to you.

1. You have only been convicted once, the sentence was not a jail term, and it is the only conviction on your record

If this is your situation, then you will be able to make your application at a Port of Entry, free from the processing fee, but only once
- If you have already used this method, you will have to obtain a temporary resident permit the regular way (which can still be at the port of entry, but you will have to pay the processing fee)
This is an immediate entry if you are successful

2. You have applied for rehabilitation

Generally you will be eligible to apply for rehabilitation five years after the end of your imposed sentence
For example, if you were convicted for two months on October 2, 2013, you will not be eligible to apply for rehabilitation until December 13, 2018

3. You are deemed rehabilitated

Depending upon the seriousness of your conviction, you may be deemed rehabilitated
- Summary convictions = five years
- Indictable convictions = at least ten years

4. Obtain a Temporary Resident Permit

The application for a temporary resident permit can be made prior to your entry to Canada and will take about one year
If you make an application at a Port of Entry, if successful, you will be allowed entrance immediately

It is important to note that, in order to apply for rehabilitation, you must first have an approved record suspension (pardon).

If you have further concerns regarding your DUI conviction, what you can do about it, and how long it will take until you can enter Canada again, please contact Akrami & Associates and let a legal representative help you.

Felony Entry Into Canada

If you have committed a serious crime, you will probably be denied entry into Canada on the ground of criminal inadmissibility. Serious crimes may include theft, dangerous driving, or assault. Now you may wonder what options are available to you.

There are four ways you may overcome your criminal inadmissibility,

1. Convince a immigration officer that you should be deemed rehabilitated

2. Apply for rehabilitation and receive an approval

3. Be granted a record suspension

4. Obtain a Temporary Resident Permit

In terms of convincing an immigration officer that you should be deemed rehabilitated, you need to understand a little bit about rehabilitation. Very briefly, being deemed rehabilitated means that a certain amount of time has passed by where you have not committed any crimes and have displayed good character.

Depending upon the type of crime you committed, how much time has passed by, and how many convictions you have on your records, you may or may not be successful in convincing an immigration officer that you should be deemed rehabilitated.

If you do not prefer to make your case informally, you can instead, apply for rehabilitation, wait for an approval, and then make an application to come to Canada for whatever purposes. Applications can be found on the Citizenship and Immigration Canada website.

If your conviction was in Canada, you can apply for a record suspension with the Parole Board of Canada. If you were granted a record suspension in another country, you must check to see if the record suspension is valid in Canada.

If neither of the options above applies to your situation, you may also make an application for a Temporary Resident Permit.

For more information, contact Akrami & Associates. Our experienced legal team will assist you with any concerns you may have and be with you every step of the way. With Akrami & Associates, there is always a way.

Denied Entry To Canada Criminal Inadmissibility

One of the reasons you may be barred entry to Canada is because of a prior criminal conviction. Your situation may depend upon the circumstance in which you find yourself.

If you were convicted of a crime outside of Canada that is recognized as a crime in Canada, there are a few options available to you. Depending upon the crime, how long ago it occurred, and your behavior since then, you may still come to Canada if you are deemed rehabilitated, applied for rehabilitation and were approved, or you have a temporary resident permit.

To be deemed rehabilitated, the crime you committed outside of Canada must have a maximum prison term of less than ten years if committed in Canada. The type of crime, whether enough time has passed, and how many crimes were committed, will be influencing factors on whether or not you should be deemed rehabilitated and no longer barred from entering Canada.

If you wish, you may apply for individual rehabilitation. In this application, you will have to show that you meet the criteria set out by Citizen and Immigration Canada (CIC), have been rehabilitated, and be unlikely to commit further crimes. In addition to this, five years must have passed since the end of your sentence and the day you committed the act that made you inadmissible.

A Temporary Resident Permit will allow you to stay in Canada if it has been less than five years since the end of your sentence or you have valid reasons to be in Canada. It is up to an immigration or border service officer to decide whether your reason is valid and to ascertain that the reason outweighs the risk you may present to Canada.

If you were convicted of a crime in Canada, you may apply for a record suspension or discharge, formerly known as a pardon. The Parole Board of Canada sets out the application process for a record suspension, and if granted, you will no longer be inadmissible. If a pardon was granted in another country, you may check to see if it will be equivalent to a Canadian record suspension.

If you have any further inquiries regarding a crime that may be on your record, call Akrami & Associates today to book a consultation. Our legal professionals will provide you with legal advice regarding your circumstances and how we may assist you further.

Entering Canada after DUI

In Canada, impaired driving is a serious criminal offence. This is why, if you wish to come to Canada, you should be aware of any past offences or arrests that may be on your record. If you do have a Drinking Under the Influence (DUI) conviction or arrest, this may band you from coming to Canada, which means you might be denied or refused entry into Canada.

If this is the situation you find yourself in, there are a few solutions available to you. You can apply,

For a record suspension (previously called a pardon)
To be rehabilitated or be deemed rehabilitated
For a Temporary Resident Permit

A record suspension can be applied to the Parole Board of Canada and will allow you to have your previous convictions cleared. In order to be eligible, you must have completed your sentence and have shown good character ever since.

If several years have passed by, then you may be eligible to apply for rehabilitation (how many years is dependent upon the offence you committed). This will also take away your criminal inadmissibility. Depending upon how many years have passed by, you can either,
Make an application and wait to get approved; or
Go to a Canadian border and make a case to be deemed rehabilitated

Being deemed rehabilitated means that many years have passed by and you have shown yourself to be an exemplary character ever since.

Your final option is to apply for a Temporary Resident Permit. This will allow you to temporarily enter Canada for a reason that is important enough to override the risk that you may pose to Canada and her citizens.

Often times it is difficult to determine which option is the right solution for you. This is why, at Akrami & Associates, our legal representatives can be of assistance. With our collective knowledge, we can make your experience quick and easy. Call today to find out more.

Need To Enter Canada ASAP

If you have a previous criminality or inadmissibility, you know more than most the difficulties that are often faced at the Port of Entry.

For those who have an urgent travel need to enter Canada, having an inadmissibility can seriously impede you from achieving this goal. Those in this circumstance who wish to pursue entry will require what is called a Temporary Resident Permit. A Temporary Resident Permit is a travel document that overcomes your inadmissibility, granting you entry into Canada for a prefixed amount of time.

A person can be denied entry to Canada for a variety of different reasons. Among these reasons of the various Christian and immigration officer might assess when denying you entry:

Security reasons
Human or international rights violations
Committing a serious crime that might be punishable by a maximum prison term of at least 10 years in Canada
Having been convicted of a crime, including driving while under the influence of drugs or alcohol
Membership in an organization that these parts and organize criminal activity
Health grounds
Financial reasons
Misrepresentation
Not complying with other rules and regulations
Having in inadmissible family member

Each matter of inadmissibility is unique and is assessed as such. Depending on your specific matter the documentation you will be required to obtain may differentiate from another Temporary Resident Permit application. For this reason, the first step is determining your reason for inadmissibility. Once you have determined this, you will have a sense of what documents might be helpful to you.

If your travel need is impending and you will not be able to wait for the normal processing times, you can make an attempt at the Port of Entry and ask for an Officer’s consideration however there is no guarantee that you will be successful and may still be refused entry at the Port.