Denied Entry To Canada Denied Entry DUI Reused Entry to Canada

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.,

Reasons to be Denied Entry to Canada

Written by Immigration Lawyer on September 12 2014

There are many reasons a refusal of entry to Canada would be made. Some of these grounds include past criminal offences, health risks to Canadian citizens or permanent residents, lack of financial resources or inconsistent documentation presented at the boarder.

There are many ways to bypass inadmissibility at the border:

  • Temporary Resident Permit (depending on the country of origin)
  • Be Deemed Rehabilitated
  • Apply for Individual Rehabilitation
  • Record Suspension

An assessment is conducted by an Immigration officer on whether the past criminality can be equated into Canadian law, which would be the Canadian Criminal Code or the Immigration and Refugee Protection Act.

You may be denied entry to Canada due to one of the following:

1. Security Grounds

  • An officer has reasonable grounds to believe the foreigner is engaging, will engage or has engaged in acts which breach security
  • Involvement in an organization that would harm others, including violence or terrorism
  • History of human or international rights violations
  • Spying or gathering information for the benefit of the country of origin

2. Criminal Grounds

  • A conviction outside Canada must be equivalent to an offence in Canada may be subject to inadmissibility
  • Under an Act of Parliament, constitute an indictable offence, or two offences not arising out of a single occurrence
  • Common convictions that will likely impair an individual from entering into Canada include: impaired driving convictions, reckless or dangerous driving, common assault, street racing, resist a police officer, any drug related offences and theft or fraud

3. Health Grounds

  • Every foreign national upon entry into Canada requires a medical certificate; indicating they are not inadmissible on health grounds base don the last medical examination (previous 12 months)
  • Any health conditions that is likely to cause or endanger health and safety of Canadian citizens or permanent residents.
  • A health condition that, if treated, will excessively burden Canadian health or social services

4. Financial Grounds

  • There is a lack of resources to provide for yourself and your family members
  • Must satisfy an officer that sufficient arrangements for care and support are in place, which does not involve any social assistance.

5. Misrepresentation

  • Any material facts related to a current application which is either withheld or misrepresented, is grounds for inadmissibility into Canada
  • Providing false information or withholding information
  • Fraudulent documentation

Getting TRP for Canada in US after DUI

Written by Immigration Lawyer on September 12 2014

For many people entering Canada from United States, it is a revelation for them when they find out that their Driving Under the Influence (DUI) conviction may bar them from entering Canada. For most Americans, a DUI offence may seem minor, it may have occurred so far back in your past that you forgot it even happened, or you never thought it would affect your admissibility into Canada.

If this is your situation, there are a couple of options available to you. You may either apply for a Temporary Resident Permit at a Canadian Consulate located in your country or region, or you can make an application to apply at a Canadian Port of Entry.

In order to increase tourism in Canada, a new policy was implemented for people with a criminal history. Although in Canada a DUI is considered a serious offence, if you fall under the category of being,

  • Convicted with no jail sentence and;
  • Only having the one criminal conviction that would make you inadmissible;

then you can apply for a Temporary Resident Permit at a Port of Entry with a your application fee waived. This was implemented to make access to Canada easier and faster for those who have a minor criminal history.

If your situation does not comply with the above, you may still make an application at a Port of Entry, however, you must pay the application fee and your history will be examined more thoroughly. Inadmissibility for this can include criminal convictions, not meeting medical standards, or for non-compliance.

An application may also be made to a Canadian Consulate near you. You would make an application and wait for an approval before coming to Canada.

It is important to understand that your entry is not guaranteed. Each individual will be assessed by a border officer and it is up to their discretion as to whether or not you may enter. This being said, what you can do is to guarantee that your application is complete and that you have gathered all the correct documentation needed to make your case.

At Akrami & Associates, our team of legal professionals can help you. With our vast experience, we can assist you with every step of the way. Call us today and see how we can help.

Denied Entry to Canada for DUI

Written by Immigration Lawyer on September 11 2014

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.  The Canadian Border Officer might deny you entry to Canada for your DUI offense.

If this is the situation you find yourself in, there are a few solutions available to you to overcome your denied entry to Canada. 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.

Refused Entry to Canada

Written by Immigration Lawyer on September 11 2014

There are a few reasons why you might be refused entry to Canada. Some of these include, but are not limited to,

  • Security reasons
  • Human rights issues
  • Criminality
  • Health grounds
  • Financial reasons
  • Misrepresentation
  • Failing to comply with IRPA
  • Having an inadmissible family member

If a visa officer considers you a security risk to Canada, you will be refused entry into Canada. This could be in regards to any violence that you have committed or being a part of an organization that is involved with acts of violence or terrorism.

If you have committed a human rights or international rights violation, such as war crimes, you will be denied entry into Canada. This could also be for those who had senior status in a government engaged in crimes against humanity.

Moving on to more common reasons why people have been refused entry to Canada, this includes having past criminal convictions on your records. If you have committed theft to impaired driving, you may be denied entry to Canada.

If your health is found not up to par, in accordance with Canada’s standards, you will be considered a health risk, and therefore be denied entry to Canada.

Financial stability is also a consideration that may have made you inadmissible. You need to show that you are financially self-sufficient while you are in Canada and that you can afford to go home.

Misrepresentation means that you falsified information on your application or during an interview. This will bar you from entering Canada because it shows that what you say cannot be trusted and therefore you may be wishing to illegally stay in Canada.

The governing legislation for immigration is the Immigration and Refugee Protection Act. It is important to follow the laws the act sets out in regard to immigration law.

Many may not realize this, but if a family member of yours is inadmissible for the reasons above, the whole family is considered inadmissible and therefore, you should make sure everyone is clear before applying to come to Canada for through whichever method.

At Akrami & Associates, our experienced legal staff can assist you with any immigration needs. Call us today and find out how we can help.

Denied Entry to Canada from US

Written by Immigration Lawyer on September 11 2014

It is a common misconception that an individual in possession of a US passport can travel to Canada without incidence or concern. The increase in information sharing between Canada and the US has resulted in a greater number of individuals being denied entry to Canada from the US due to past convictions and criminal records.

The North American Free Trade Agreement did bring our countries together in the sense that US Citizens do not require prior authorization to enter Canada but this does not mean they cannot be denied entry.

Individuals may be denied or refused entry to Canada from the US for many issues including security concerns, human and international rights violations, criminality, organized crime, health and financial reasons. Foreign nationals considered inadmissible to Canada are precluded from entering.

The following are the most common reasons a foreign national would be denied entry to Canada:

  • Criminal Inadmissibility: If you have been convicted for a crime in Canada or elsewhere, you may be found inadmissible to Canada on criminal grounds. The rules for criminal inadmissibility are different for foreign nationals and permanent residents of Canada.
  • Medical/Health Risk Inadmissibility: Foreign nationals may be found inadmissible to Canada for public health reasons or if it appears they will excessively burden Canadian health or social services.
  • Misrepresentation: If any material or information on an application is falsified or misrepresented, you may be inadmissible to Canada.
  • Security Grounds: If you are considered a threat to security or accused of violating any human or international rights, you may be found inadmissible on those grounds.

If you have been found inadmissible, you may be able to overcome this in a number of ways. It is important that your consult a representative about any potential admissibility issues.

Depending on your unique situation, you may need to obtain a Temporary Resident Permit or qualify for Criminal Rehabilitation. Both are options to overcome your inadmissibility and facilitate your travel to Canada. However, applying for these applications are easier said than done and require knowledge of immigration regulation, the criminal code and the ability to interpret foreign law.

If you face inadmissibility to Canada, contact Akrami & Associates. We have helped many clients overcome the inadmissibility issues and successfully got them across the border. We would be happy to help you do the same.

With Akrami & Associates, there is always a way!

Page 2 of 2
  • Start
  • Prev
  • 1
  • 2
  • Next
  • End