Are you stuck at the border or an airport? Have you been denied entry to Canada?
If you have been deemed “inadmissible” by the Canadian Border Service Agency (CBSA), then it could depend on several issues ranging from medical issues to past criminal convictions.
What are Some Reasons that You Could be Denied Entry to Canada?
The CBSA official can deny you entry to Canada for various reasons of inadmissibility, ranging from:
Medical inadmissibility issues that could be a threat to public health
Criminal convictions of varying degrees of severity (Serious Criminality and Criminality)
Financial issues that make it suspect that you don’t have the means and can’t take care of your expenses while visiting Canada (Financial Inadmissibility)
Misrepresenting yourself through your interviews or paperwork (Misrepresentation)
Traveling with an Inadmissible Family Member
It comes out that you have connections with organized crime (Organized Criminality)
Noncompliance with the Immigration and Refugee Protection Act (IRPA) or “the Act”
Concerns to Canada’s National Security (Security Grounds)
Human or International Rights Violations
Criminal inadmissibility is the most common allegation for being denied entry to Canada. It includes misdemeanors and crimes of varying degrees like driving under influence (DUI) or assault convictions.
How Can You Overcome Criminal Inadmissibility?
Providing a justified reason to enter Canada may help you if you are deemed otherwise inadmissible. A Temporary Resident Permit (TRP) will be issued if your reason is considered valid and possibly outweighs the risks of your entry.
To be eligible for a TRP, your reason to enter or stay in the country must outweigh the inadmissibility charge.
If you are found criminally inadmissible, then you may overcome it if:
You convince an immigration officer that you have been criminally rehabilitated years ago (different documentation required for different lengths)
Your rehabilitation request was approved, meaning that enough time has passed since your conviction and the offense no longer deems a tangible threat
You were provided proof of a record of suspension or pardon
You were allowed a TRP
It is important to consult an immigration litigation lawyer as they will provide you with the best possible means to apply for entry to overcome your inadmissibility.
If your case is really serious, then you might need legal representation in appealing to the Federal Court of Canada or to the Immigration Appeal Division (IAD).
Frequently Asked Questions (FAQs) About Being Denied Entry to Canada
You could be refused entry to Canada if you are found criminally inadmissible. However, you can overcome this inadmissibility through several ways like showing that you finished criminal rehabilitation (will require documentation) and getting a TRP.
There is no waiting period for reapplication unless specifically noted. However, if you were issued a Removal Order, then depending on the details of that order, you could require an Authorization to Return to Canada (ARC) after your departure, deportation or exclusion after being denied entry.
You may be found medically inadmissible, meaning you pose a serious threat to public health.
Why Start with Herr Law Group for a Free Online Assessment?
Have you been denied entry into Canada or is it much worse? Distressed over your situation? Is a family member involved?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
In denied entry cases, depending on the circumstances, Herr Law Group can offer and implement a simple and expedient solution. In other cases, it may take legal representation with more focused intent.
At Herr Law Group, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court of Canada and the four divisions of the Immigration and Refugee Board (IRB). If this is necessary, then we’ll do the same for you.
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
Why Contact Herr Law Group?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
Contact us and let our immigration lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
There are strict time frames involved, so contact us immediately through our online assessment, it takes less than a minute to complete.
Or simply pick up your mobile phone and call us now at any of these numbers:
Vancouver at +1 (604) 372-0499
We’re open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.
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