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Stopped at the Canadian Border or Airport and Denied Entry to Canada? What are your Options?

Being denied entry to Canada

Depending on the reason why you may have been denied entry to Canada, you may be able to re-apply for entry. Generally, persons with certain criminal records may be considered as “inadmissible” for entry to Canada.  In other cases, a customs officer, known as a Canada Border Services Agency (CBSA) officer can refuse you admission for failure to demonstrate that you are a genuine visitor to Canada, that is, that you may not have sufficient ties to your home country or that you have repeatedly visited Canada etc. Finally, there could be health issues that come to light that may render you inadmissible to Canada.

What happens when you’re denied entry to Canada

Whatever the reason for you being stopped at the Canada/US Border or Airport, there are a number of “scenarios” that could play out, each having differing implications.

The most common scenario we see is that a CBSA officer simply refuses you entry to Canada and “allows you withdraw your application for admission” This amounts to a legal “slap-on-the-wrist” . In such cases, officers will usually advise you to return to Canada with sufficient documentation and information that proves you are a genuine temporary resident i.e., visitor, student or worker. Documents showing your ties to your home country are generally what the CBSA officer is looking for.

In other, more serious cases involving criminality, the CBSA officer may choose to write what is called a Section 44 Report. A Section 44 Report is a formal declaration concerning the nature of allegations against you as to why you are inadmissible to Canada.

If an officer issues a Section 44 Report, then your case can be referred to the Immigration Division of the Immigration and Refugee Board (IRB) for an Admissibility Hearing. At the Admissibility hearing an immigration judge known as a “Member” of the IRB will determine if the allegations in the Section 44 Report are true. This hearing can lead to a Removal Order.

If you have a criminal record or if you may not be able to demonstrate your intentions to enter Canada as a temporary resident, make sure that you consult with an immigration lawyer before attempting the enter Canada to avoid being denied entry to Canada.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

22 thoughts on “Stopped at the Canadian Border or Airport and Denied Entry to Canada? What are your Options?

  1. Dave

    I inadvertently crossed into Alaska and was stopped on the way back into Canada. I was issued with an Allowed to Leave form (IMM 1282B) and given 7 days to leave Canada (from Vancouver where I had a flight booked back to Europe). I am applying for a New Zealand visa and have to answer the questions whether I have been “Excluded from or refused entry to” or “Removed from or asked to leave” another country. Does this “Allowed to Leave” form constitute a “yes” answer to either of these questions?

    Reply
    1. Immigration Lawyers

      Hi Dave,
      I’m glad you have contacted us! I can understand how your situation can be quite frustrating. Unfortunately we do not deal with the laws and regulations of New Zealand visas but we can definitely help your case when it comes to Canada.

      Please Dave, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get you status again.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Shams

    Hi Sir i am shams having approved ETA. I am from india. Without u.s green card indian nationals not eligible for ETA. But i dont have green card but my application is approved. I am planing to visit and stay like tourist. Can i enter canada. If any refusal to enter canada the same day they wil deport or any oppertunity to enter. Pls reply
    Thanks
    Shams

    Reply
    1. Immigration Lawyers

      Hi Shams,
      Thank you for your inquiry, I’m glad you have contacted us! I can understand how frustrating it is not knowing if you are eligible for a valid visa. Hiring one of our immigration lawyers helps you during your visa process by providing step by step legal advice and conversation about your case.

      Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Efa Connell

    Hi,
    We got denied entry due to wrong information on our application, the company wants to reapply for the intra transfer application same as before just with the proof we worked for the sister company within the last 3 years and then 2 in Canada (on a working holiday visa) when the company checked the portal it says the application is still live despite having signed papers to withdraw the application. The company are telling us to use this same paperwork with the updated information. Any information would be really apprecited

    Reply
    1. Muga Rajbhandari

      Hello Efa. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  4. aman lakhani

    i have Denied entry in canada in 2013. reason they told me that you have eneterd wrong information in visa application. they crossed my visa page with black ball pen, and gave paper to sign to accept my volunterry return to india back. in this case can i re-apply for canada or us?

    Reply
    1. Muga Rajbhandari

      Hello Aman. Yes you can reapply. Immigration can be very complex as you have seen. The smallest of errors can get you a denial. If you need help with your application to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. shekhar sahdev

    hi friend of mine came last week aug 3 to calgary airport from india.. he was sent back by signing volunterlly leaving the country document. he was cought by cbsa with steriods as he is a proffessional bodybuilder have won mr world . so no charges was put on him no case. they didmt cancel his visa too which is valid for 10 years .. can he come back

    Reply
    1. Muga Rajbhandari

      Hello Shekhar. We would need to see the document that he signed and the details of his visa to be able to do a proper assessment of his situation regarding entering Canada. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. anonymous

    hi, i was stopped at the airport from bordering a plane to the US because of no work visa. the border officer did not provide a report.

    what would the penalty be if i were stopped again for the same reason?

    thanks

    Reply
    1. Vahe Mirzoyan

      Hello. Your border denial is on your permanent record. If you are traveling to the US for work, you must have a work visa.
      Regards, Vahe

      Reply
      1. Anonymous

        Thanks Vahe. Do you know what the penalty would be if I were stopped again for the same reason, no work visa?

        I don’t plan to try this again, but i would like to provide this information to some people concerned.

        Thanks in advance.

        Reply
        1. Vahe Mirzoyan

          The penalty is up to the discretion of the border officer and may lead to a 10 year ban.
          Regards, Vahe

          Reply
  7. Henrique

    In 2011, I withdraw my entry to canada (visa was expired), after that i was issued normally my visa (twice) and entered canada 3 times (2012, 2014 and 2016). But all of them I had to go to secondary inspection and I have to explain my withdrawal. This time after been admitted (on the secondary) I talked to the agent and he confirmed me I aways go to secondary because of my withdrawal, but then I asked how long this “restriction” would remain or if it would be forever that I’d have to pass through secondary because of that incident. He just told me it’d remain for a long time. Do you know if one day this “flag” will be released or if I can request it to be released?

    Reply
    1. Vahe Mirzoyan

      Hello Henrique. Your withdrawal has been noted on your permanent record and will be something that you can be questioned about each time you come to Canada. You can have an entry package prepared for you by our legal staff that would save you the trouble of going to secondary processing each time that you travel. If you are intersested in pursuing this, you can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  8. Jasmine

    My friend flyer to Canada last year in June. He’s was there for only 10 days. He got arrested for USA border patrol on border for illegally entry. They sent him back to your country. Now I’m going to Canada on vacation, but he’s want going with me. He still have Visa. I don’t know, I’m so scared, what you think about?
    Thank you!!!

    Reply
    1. Vahe Mirzoyan

      Hello Jasmine. Your friend should not have any problems if his Canadian visa is still valid, and he does not have anything to do with the USA, including connecting flights.
      Regards, Vahe

      Reply
  9. DS

    hi.
    in 2008 i got to the vancouver airport, i was told by company here in my homeland that ill have a work permit ready for me there and that in order to get it ill have to lie to the immigration officer to get inside as a “tourist” and then to get the work permit. i did lie. the immigration officer got it and took me to investigation that took couple of hours and at the end of it i was told id be held and detained at the airport until there’s a flight back to my country or that if i want i can wait for a hearing infront of a judge. i decided to be detained (and got detained for more than 24 hours!) and to go on a flight back to my country. before i was escorted to the airplane itself (being hand and leg cuffed) i was told by the immigration officer that canada considers my arriving there of not with good intentions. he told me im allowed to come back again and that canada will welcome me back if ill come with good and honest intentions. all of that secenario was six years ago. if today i want to immigrate into canada via the PNP program, does that incident prevents me from even being eligilble to the program?

    Reply
  10. changk

    Hi there, Yesterday friend of mine she landed at Vancouver,bc International airport from south Korea with her return ticket (one week later). Immigration officer at vancouver airport they hold up her then I thought they put her at detention center. after that I could not have any more information about her.

    she has fine normal passport and purpose to visit Vancouver was to see me personally and trying to take sightseeing at vancouver.
    There are no any other reason she will stay Canada illigally. I do not understand why they hold up her at airport.

    I want to know….while immigration officer hold up passenger for whatever reasons, can they treat people like criminal? I thought they took her cellular phone …this means they treat her like criminal.

    where can I get legal advice for this case ?

    Reply
    1. Michael Niren Post author

      Hello Changk

      I am sorry what happened to your friend. The CBSA officer at the airport must have felt that she was not a genuine visitor to Canada or there was another issue. Of course I do not know why she was detained. You should seek legal advice. You can contact us directly for assistance.
      Best
      Michael Niren

      Reply

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