Denied Entry To Canada

Table of Contents

Denied Entry To Canada

Inadmissibility is the condition of being ineligible for entry into a country. If you are considered inadmissible to Canada, this means you are not permitted to enter the country. There are two types of inadmissibility in Canada:

  • criminal inadmissibility and medical inadmissibility.

Other reasons fall into the “other” category. This could be due to a variety of factors. The most common causes, for instance, are previous criminality (DUI, DWI), a medical condition, or non-compliance with regulations related to a previous entry into Canada.

If a foreign national is prohibited from entering Canada due to criminality this will either prevent an individual from entering as a visitor, student, or worker, or from obtaining or sustaining permanent resident status.

Canadian border officials take minor or very old wrongdoings quite seriously. This is true even if the felonies occurred outside of Canada. The most obvious cause for being rejected entry into the country is a criminal conviction. in this case, would be better to contact us.

  • Past Criminal Conviction

 

You may be denied entry to Canada if you have been convicted of a crime. This counts for both minor and serious crimes that are illegal in Canada and the country where the crime was committed. Examples include drug possession, theft, reckless driving under the influence, assault, manslaughter and resisting arrest.

  • DENIED FOR SECURITY GROUNDS

  1. An officer has reasonable grounds to believe you are engaging in, will engage in or have engaged in acts that violate security. A conviction obtained outside of Canada must be equivalent to an offence committed in Canada and may result in inadmissibility.
  2. Membership in an organization that would cause harm to others, such as violence or terrorism
  3. A history of violations of human or international rights
  4. Spying or information gathering for the benefit of the country of origin
  • REFUSED ON CRIMINAL REASONS

Common convictions that will almost certainly prevent an individual from entering Canada include impaired driving convictions such as DUI or DWI, reckless or dangerous driving, common assault, street racing, resisting a police officer, any drug-related offences, DUI, DWI, and theft or fraud.

  • Committed human rights violations

These include war crimes, crimes against humanity, and holding a prominent position in a government approved by the international community or responsible for serious human rights violations.

  • Linked to organized crime

Proof of past or present involvement with a crime family, gang members, terrorist organization, or other organized crime organization is grounds for denial of entry to Canada.

Medical Inadmissibility – Section 38(1) of the Immigration and Refugee Protection Act (IRPA) addresses medical inadmissibility.

If your intention is to immigrate and obtain a visa from another country and immigrating to Canada is one of your priorities, Unique Immigration has more than 24 years of successful experience in the field of visas, including:

  1. Work visa in Canada
  2. Visitor visa in Canada
  3. Study visa in Canada
  4. Business visitor visa in Canada
  5. Startup visa in Canada
  6. Refugee visa in Canada
  7. Adoption in Canada
  8. Denied Entry To Canada
  9. And…

and can help you in this important matter of immigrating to Canada through the most appropriate method.

A medical officer is tasked with assessing the health of the permanent resident or foreign national, taking into account any official medical documentation pertaining to the person, according to this subsection. You could be refused entry to Canada for any of the following reasons:

REFUSED ENTRY TO CANADA FOR HEALTH REASONS

  • Every foreign national entering Canada must present a medical certificate indicating that they are not inadmissible on health grounds based on the most recent medical examination (previous 12 months)
  • Any health condition that is likely to cause or endanger the health and safety of Canadian citizens or permanent residents. • Any health condition that, if treated, will impose an undue burden on Canadian citizens or permanent residents.

Threat to public health or safety

The officer will consider the communicability of any disease the person has as well as the potential impact of that disease on the health and safety of the Canadian public during the assessment. If you have hepatitis, influenza, measles, or another communicable disease, you may be denied entry. Noncommunicable diseases, such as schizophrenia or bipolar disorder, that can lead to violent outbursts or irrational behaviour, are also grounds for medical inadmissibility.

Possibility of Excessive Demand for Health or Social Services

Excessive demand is a component of medical inadmissibility. A person may be denied admission if their condition is deemed to be one that would place a strain on the Canadian healthcare system.

In certain cases, your lawyer can assist you in implementing for a TRP to have your medical inadmissibility waived or applying for humanitarian and compassionate discretion (H&C), which takes public policies and the interests of directly affected minor children into account.

Other Kinds of Ineligibility.

You can contact us at Unique Immigration through the link in front and get free advice from the experts of the institute.

  • Financial Motives

This is due to a failure to demonstrate your financial ability to support yourself and your family. If there are insufficient resources to provide meaningful income from skilled work, entrepreneurship, or investments, you may be considered a burden or potential burden to the Canadian government and denied entry into Canada. In this case, you must demonstrate to an officer that adequate care and support arrangements are in place, which does not involve any social assistance.

  • Fraudulent Representation

This includes withholding material facts that would impede the enforcement of Canadian immigration laws as outlined in IRPA, as well as falsifying such information.

Any material fact related to a current application that is withheld or misrepresented is grounds for deportation from Canada. This includes the following:

  • Falsifying or withholding information
  • Falsifying documentation

For example, forge your spouse signature on your application, fake title deed, fake language test result or any other kind of false information or documentation is violation of  the law. The same is true if you lie about your age or marital status to immigrate under a specific category. Misrepresentation is taken very seriously and can result in a five-year ban or jail time. A lawyer can assist you in overcoming this decision-making process.

  • Failure to Comply with Any IRPA Provision

Working or studying in Canada without proper permits, seeking unauthorized re-entry into the country following deportation, or being a permanent resident who has failed to meet the residency obligation, that is, not being physically located in Canada for at least two of the last five years, are all examples of IRPA non-compliance. Failure to comply with IRPA may result in a Removal Order being issued.

If you have a Removal Order, you can re-enter Canada by obtaining an Authorization to Return to Canada (ARC) document. Before you apply for an ARC, be aware that you will be required to reimburse the Canadian government for removal costs.

  • Potential Overstays

If the government suspects that you will overstay your visit or has evidence that you have done so in the past, you may be denied entry to Canada. For example, if you went to college in Canada and stayed past the expiration date of your student visa, you may be denied entry. You will need an ARC in this case.

  • Having an Unacceptable Family Member

If you are traveling with a family member who is ineligible for any of the reasons listed above, you are also ineligible.

Take into consideration that this information is provided for reference purposes only and is not intended to determine admissibility. Canadian authorities must decide your inadmissibility when you arrive at their borders.

If you found this post useful and want to learn more about being denied entry to Canada, please visit our website and contact us by filling out our form or giving us a call.

There are two approaches to overcoming crime unlawfully in Canada. They are the Temporary Residency Permit (TRP) and criminal rehabilitation.

You Can Return to Canada

If you have been denied entry into Canada, you must handle the situation properly. If you have a criminal record, such as a DUI or something more serious, a Canadian Border Service Officer may refuse you entry to Canada. You can still enter Canada if you file the proper paperwork.

Your best approach would be to submit Temporary Resident Permit (TRP) application. If the paperwork is correctly completed and you meet the requirements, the Canada Visa Office will issue you a Temporary Resident Permit (TRP) with a  validation  for up to three years.

The Temporary Residency Permit is a type of visa that allows you to enter Canada temporarily for up to three years. 

They are available from the Canadian consulate or embassy and can take six to eight months to process. An emergency TRP may be issued in some cases. In a difficult situation, if you can persuade officials that urgent entry is required.

TRP applicants must submit a personality profile, personal account of the crime, and other documentation demonstrating that the criminal offense was an isolated event, that you are not a threat to Canadian citizens, and that you are deserving of entry.

Criminal Rehabilitation is a more long-term solution for criminal inadmissibility. This remedy is available five years after the offense and after completing the Criminal Rehabilitation Certificate program. Once certified, you can enter the country as many times as you want without having to reapply for a TRP.

Some offenses necessitate waiting 10 years after serving your sentence before being considered for any form of admissibility, including the TRP

error: Content is protected !!