Tag Archives: denied entry to Canada

Felony Entry into Canada

felony-entry-into-canada

Any person with a criminal conviction may be considered inadmissible to Canada on the grounds of security. An individual can be considered inadmissible to Canada for a either a felony or a misdemeanor offense.  Canada has been known for especially strict entry requirements when it comes to persons with felony convictions.

Felony Entry within Canada

Felony convictions and other serious offenses will make a person inadmissible to Canada or the United States regardless of when they occurred, generally speaking.  Those with a felony are also likely be stopped if they have a warrant out for their arrest, have pending charges, or a trial in process.

The Temporary Residence Permit

A Temporary Residence Permit (TRP) may be issued to individuals who are inadmissible to Canada due to health or security. A TRP should not be confused with a Temporary Residence Visa, or TRV, which is required of all individuals who are citizens of countries requiring a visa for travel to Canada, regardless of their personal history. An applicant from one of these countries who has a non-rehabilitated criminal conviction must apply for both a TRP and TRV. Applicants from visa-exempt countries, such as the United States, who have non-rehabilitated criminal convictions, need only a TRP for travel to Canada.

In most cases, when 5 years have passed from completion of the sentence, a foreign national is eligible to apply to Canadian immigration authorities for rehabilitation.

Eligibility for Criminal Rehabilitation

It does not matter how lightly or severely a given crime is treated in the country where it occurred. What is important is the gravity of the offense, as per Canada’s federal criminal code. Once the equivalence has been established, it is important to determine the maximum sentence that could be imposed by law, as this will determine the type of criminal rehabilitation required. Here are the eligibility criteria for criminal rehabilitation:

  1. 5 years must have passed since the full sentence or sentences were completed, including jail time, fines, and probation.
  2. You must have been convicted of, or admitted to committing the act.
  3. You must have committed an act outside of Canada that would constitute an offence under a Federal statute.

Are You Interested in Entering Canada with a Felony?

If you have immigration questions, VisaPlace is here to guide you through the immigration process. We work with qualified immigration lawyers who can help you with your entry to Canada. Contact us to book a consultation.

Published on: October 29th, 2014Published by: Michael Niren

10 Most Common Reasons You May Be Denied Entry to Canada

denied-entry-to-canada

Few travel experiences are more frustrating, inconvenient and humiliating than arriving in a foreign country only to be denied entry at the port. This is especially disheartening if you have arrived on business or to tend to a family emergency.

10 Common Reasons for Denied Entry to Canada

Upon traveling to Canada, you may have been unpleasantly surprised with an entry denial based on a criminal offense, medical reason or something different. Learn the 10 most common reasons a port of entry officer may refuse you entry to Canada and what you can do to prevent it from happening again.

Most Common Types of Inadmissibility

The condition of being ineligible for entry into a country is called inadmissibility. In Canada, there a two main types: criminal inadmissibility and medical inadmissibility. Reasons outside of these fall into the “other” category.

Criminal Inadmissibility

Even minor or very old offenses are taken very seriously by Canadian border officials. This is true even if the offenses occurred in countries other than Canada. Having a criminal record is the most common reason for being denied entry into the country.

1. Past Criminal Conviction

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

2. Involved in human rights violations

These include war crimes, crimes against humanity, or being in a senior position in a government that has been internationally sanctioned or is responsible for gross human rights violations.

3. Involved in organized crime

Proof of past or present involvement with a gang, mafia, terrorist group or other organized crime group is grounds for being denied entry to Canada

There are two ways you can overcome criminal inadmissibility to Canada. They are the Temporary Residency Permit (TRP) and criminal rehabilitation.

Medical Inadmissibility

Subsection 38(1) of the Immigration and Refugee Protection Act (IRPA) covers inadmissibility based on health grounds. According to this subsection, a medical officer is tasked with assessing the permanent resident or foreign national’s health, taking into account any official medical documentation pertaining to the person.

4. Endangerment to Public Health or Safety

During the assessment, 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. For example, you may be denied entry if you have hepatitis, influenza, measles or other communicable disease. Non-communicable diseases such as schizophrenia or bipolar disorder which may be associated with the risk of violent outbursts or irrational behavior are also grounds for medical inadmissibility.

5. Potential to Cause Excessive Demands on Health or Social Services

Medical inadmissibility includes an excessive demand component. A person can be denied admission if they are deemed to have a condition whose treatment could create a drain on the Canadian healthcare system. Spouses and common-law partners of Canadian sponsors are exempt from the excessive demand clause.

In some cases, your lawyer can help you apply for a TRP to have your medical inadmissibility excused or apply for humanitarian and compassionate discretion (H&C) which takes into account public policies and the interests of directly affected minor children.

Other Types of Inadmissibility

6. Financial Reasons

This results from a failure to prove your ability to support yourself and your family financially. If you cannot prove that you have a meaningful income from skilled work, entrepreneurship or investments, you may be deemed a burden or potential burden to the Canadian government and denied entry to Canada as a result.

7. Misrepresentation

This includes withholding material facts that would hamper the enforcement of Canadian immigration laws as set forth by IRPA or falsifying said information.

As an example, if you are seeking immigration sponsorship from a Canadian citizen and forge their signature on your application, you are guilty of misrepresentation. The same is true if you falsify your age or marital status to immigrate under a certain class. Misrepresentation is taken very seriously can could result in a two-year ban from the country or jail time. A lawyer can help you overcome this decision based on the facts of your case.

8. Failure to Comply with Any Provision of IRPA

Examples of non-compliance with IRPA include 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. Failure to comply with IRPA may result in the issuance of a Removal Order.

If you have received a Removal Order, you may regain entry to Canada by obtaining an Authorization to Return to Canada (ARC) document. Once you apply for an ARC, be advised that you will be required to reimburse the Canadian government for removal costs before the ARC is issued.

9. Possible Overstays

You may be denied entry to Canada if the government suspects that you will overstay your visit or if they have evidence that you have done so in the past. For instance, if you went to college in Canada and remained in the country beyond your student visa’s expiration date, you may be denied entry to Canada. In this case, you will need an ARC.

10. Having an Inadmissible Family Member

If you are traveling with a family member who is inadmissible for any of the above reasons, you too are inadmissible.

Keep in mind that this information is for reference  and is not intended to assess inadmissibility. Your inadmissibility must be determined by Canadian authorities upon your arrival at their borders.

Potential Solutions for Inadmissibility

In many cases in which an inadmissibility ruling has been determined, other steps may be available, for the individual in question, to gain admittance to Canada. Below are two such solutions:

Temporary Residency Permit (TRP)

The Temporary Residency Permit is a type of visa that permits you to enter Canada on a temporary basis and is valid for up to three years. They can be obtained at the Canadian consulate or embassy and can take six to eight months to process. In some cases, an emergency TRP can be issued on the spot if you can persuade officials that urgent entry is required.

TRP applicants must complete a personality profile, personal account of the crime, and other paperwork that proves the criminal offense was an isolated event, that you are not a threat to the citizens of Canada and you are deserving of entry.

Criminal Rehabilitation

For criminal inadmissibility, a more long-term solution is Criminal Rehabilitation. You can qualify for this remedy five years after the offense and following satisfactory completion of  the Criminal Rehabilitation Certificate program. Once you are certified, you can enter the country as many times as you would like without having to repeatedly apply for a TRP.

Some offenses require 10 years to pass after serving your sentence before you can be considered for any form of admissibility including the TRP.

Have You Experienced Denied Entry to Canada?

If you have been denied entry to Canada, you may benefit from legal counsel. We at VisaPlace work with qualified immigration lawyers who are not only experienced in such matters, but are also happy to help. Contact us to book a consultation.

If you have found this post helpful and would like more information on being denied entry to Canada, visit our website at  www.visaplace.com, filling out our form or giving us a call.

Published on: October 18th, 2014Published by: Michael Niren

Government to Revoke Passports of Suspected Terrorists

(Below is a transcription of this video)

Hi, this is Michael Niren, immigration lawyer and founder of visaplace.com. The Canadian government is threatening to revoke passports of Canadian citizens abroad who are allegedly participating in terrorist activities.

Revoking Passports of Suspected Terrorists

Now this is a very serious development. Generally speaking, I support the government’s initiative, in principle. What I mean is that individuals who are, in fact, participating in terrorist activities should be considered as enemies of the state. And therefore, passport revocation in such circumstances may indeed be appropriate. However, the government has been very vague as to how they intend to pursue this. It could raise some serious human rights issues.

Passport Revocation May Lead to ‘Slippery Slope’

Canadian citizens have a right to a passport. They have a right to be Canadian citizens, if they are Canadian citizens. The government does have the power to revoke, but the concern is will they do it arbitrarily. What are the standards? What kind of evidence do they require to pursue revocation? So, in principle, this is one situation where I do support the current administration in its efforts to combat terrorism and protect Canadian citizens. However, it could lead to some slippery slope where individuals will be threatened with losing their Canadian citizenship who may, in fact, not be active participants in terrorist organizations.

For example, if individuals have certain ideologies which perhaps may not be in line with the mainstream Canadian point of view, that is not enough, in my opinion. We live in a democracy to threaten anyone with revocation. So there has to be some standards applied and released to the Canadian public so they know what the government is going to be doing with respect to this initiative. Hopefully, we’re going to get more clarity on this.

Thank you and have a great day.

Are You Interested in Immigrating to Canada?

If you have immigration questions, VisaPlace is here to guide you through the Canadian immigration process. We work with qualified immigration lawyers who can help you with your Canadian visa application. Contact us to book a consultation.

Published on: October 13th, 2014Published by: Michael Niren

How to Enter Canada with a DUI

(Below is a transcription of this video)

Hi, my name is Michael Niren. I’m an immigration lawyer, founder of visaplace.com. I’m here to talk today about individuals who unfortunately have a DUI and who are interested in coming to Canada to cross our borders and potentially visit, work, or study.

Entering Canada with a DUI

A DUI is considered a serious offense in Canada and could potentially prevent you from entering Canada. The situation for those individuals could be a problem if they don’t have the required permit to cross into Canada.

Temporary Residence Permit

So, how it works is that if you have a DUI, depending upon how old the offense is, how long ago it was, you may need a special permit.They’re called a Temporary Residence Permit or TRP. If you’re an American, for example, you can potentially apply for a TRP at the border. There are pros and cons to doing this. Obviously, the pro is to get one right away. The con is that if you’re refused, you’re going to be turned back.

Applying for a Temporary Residence Permit

The more standard approach to applying for a TRP is at an embassy, a Canadian embassy or consulate. However, that could take a number of months. Regardless, when you apply for a TRP, you need a lot of paperwork. You have to have copies of your offense, a personal statement, for example, as to what happened, supporting documentation showing that you have been rehabilitated, and reasons for your entry into Canada.

Seeking Rehabilitation

Now, if your offense was really old, say, 5 or 10 years ago, there’s a possibility you can apply for what is called Rehabilitation, Criminal Rehabilitation. What that really means is that you’ll get a special certificate from the Canadian government that will allow you to enter Canada like a regular person without any special temporary permit. The Rehabilitation application can take a long time, six months, in some cases even longer, and it’s applied for at the Canadian embassy, not at the port of entry.

Are You Interested in Entering Canada with a DUI?

So, if you have a DUI and you have an interest in coming to Canada, you have to likely consider applying for either a TRP or a criminal rehabilitation application. In some cases, you can apply for both.

If you have an urgent need for crossing through border and you want to apply for criminal rehabilitation because you actually qualify for it, please give us a call. If you need help, we process a lot of TRPs and criminal rehab applications. You can go to our website at www.visaplace.com, and we’ll be happy to discuss your case in confidence. Thank you and have a great day.

Contact our experienced team today, and let us help you with your Temporary Residence Permit or  Rehabilitation application.

Published on: September 5th, 2014Published by: Michael Niren

Can I Travel to Canada with a Criminal Record?

(Below is a transcription of this video)

Hi. This is Michael Niren, immigration lawyer and founder of visaplace.com.
Are you traveling to Canada with a criminal record? If you are, there may
be some issues in terms of you being admitted to Canada. Depending upon the
nature of your offense and how long ago it occurred, you may be stopped at
the border.

Traveling to Canada with a Criminal Record

In order to resolve this issue, you may require what is called a Temporary
Resident Permit, or T.R.P. A T.R.P. is a document that’s issued by the
Canadian government that will allow you into the country despite your
inadmissibility. T.R.P.s are usually valid for a year or a few months,
depending upon the situation. If you are an American, you can potentially
get a T.R.P. at the border. Generally speaking, though, you apply for a
T.R.P. at the Canadian embassy in your home country. Processing can take a
few months. At the embassy at the border, it’s right away. However, the
concern is that if you are refused, you’ll be turned back.

Getting Approved for a T.R.P

In order to get an approved T.R.P., you have to make a strong case. You
have to present your documentation, your background, reasons why you want
to enter Canada, and that the risk of re-offending is outweighed by the
need for entering. And you know, if you prepare a strong case, a strong
application, you should be OK. Now, if your offense took place five years
ago or longer, depending upon the offense, you may be eligible for what is
called rehabilitation. Rehabilitation takes longer to process, but if
you’re approved, that means you don’t ever have to apply for a T.R.P.
again. It’s a permanent pass.

Are You Interested in Traveling to Canada With a Criminal Record?

So hopefully this can give you some guidance
as to what happens if you are traveling to Canada with a criminal record.
Thank you, and have a nice day. If you need information, go to our website,
www.visaplace.com.

Contact our experienced team today, and let us help you travel to Canada despite your criminal record.

Published on: July 24th, 2014Published by: Michael Niren

10 Most Common Reasons You May Be Denied Entry to Canada. Explained.

Permanent Residence in Canada

Few travel experiences are more frustrating, inconvenient and humiliating than arriving in a foreign country only to be denied entry at the port. This is especially disheartening if you have arrived on business or to tend to a family emergency. Upon traveling to Canada, you may have been unpleasantly surprised with an entry denial based on a criminal offense, medical reason or something different. Learn the 10 most common reasons a port of entry officer may refuse you entry to Canada and what you can do to prevent it from happening again.

The condition of being ineligible for entry into a country is called inadmissibility. In Canada, there a two main types: criminal inadmissibility and medical inadmissibility. Reasons outside of these fall into the “other” category.

Criminal InadmissibilityEven minor or very old offenses are taken very seriously by Canadian border officials. This is true even if the offenses occurred in countries other than Canada. Having a criminal record is the most common reason for being denied entry into the country.

1. Past Criminal Conviction

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

2. Involved in human rights violations

These include war crimes, crimes against humanity, or being in a senior position in a government that has been internationally sanctioned or is responsible for gross human rights violations.

3. Involved in organized crime

Proof of past or present involvement with a gang, mafia, terrorist group or other organized crime group is grounds for being denied entry to Canada

There are two ways you can overcome criminal inadmissibility to Canada. They are the Temporary Residency Permit (TRP) and criminal rehabilitation.

The Temporary Residency Permit is a type of visa that permits you to enter Canada on a temporary basis and is valid for up to three years. They can be obtained at the Canadian consulate or embassy and can take six to eight months to process. In some cases, an emergency TRP can be issued on the spot if you can persuade officials that urgent entry is required.

TRP applicants must complete a personality profile, personal account of the crime, and other paperwork that proves the criminal offense was an isolated event, that you are not a threat to the citizens of Canada and you are deserving of entry.

For criminal inadmissibility, a more long-term solution is Criminal Rehabilitation. You can qualify for this remedy five years after the offense and following satisfactory completion of  the Criminal Rehabilitation Certificate program. Once you are certified, you can enter the country as many times as you would like without having to repeatedly apply for a TRP. Some offenses require 10 years to pass after serving your sentence before you can be considered for any form of admissibility including the TRP.

Medical InadmissibilitySubsection 38(1) of the Immigration and Refugee Protection Act (IRPA) covers inadmissibility based on health grounds. According to this subsection, a medical officer is tasked with assessing the permanent resident or foreign national’s health, taking into account any official medical documentation pertaining to the person.

4. Endangerment to Public Health or Safety

During the assessment, 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. For example, you may be denied entry if you have hepatitis, influenza, measles or other communicable disease. Non-communicable diseases such as schizophrenia or bipolar disorder which may be associated with the risk of violent outbursts or irrational behavior are also grounds for medical inadmissibility.

5. Potential to Cause Excessive Demands on Health or Social Services

Medical inadmissibility includes an excessive demand component. A person can be denied admission if they are deemed to have a condition whose treatment could create a drain on the Canadian healthcare system. Spouses and common-law partners of Canadian sponsors are exempt from the excessive demand clause.

In some cases, your lawyer can help you apply for a TRP to have your medical inadmissibility excused or apply for humanitarian and compassionate discretion (H&C) which takes into account public policies and the interests of directly affected minor children.

Other Types of Inadmissibility

6. Financial Reasons 

This results from a failure to prove your ability to support yourself and your family financially. If you cannot prove that you have a meaningful income from skilled work, entrepreneurship or investments, you may be deemed a burden or potential burden to the Canadian government and denied entry to Canada as a result.

7. Misrepresentation

This includes withholding material facts that would hamper the enforcement of Canadian immigration laws as set forth by IRPA or falsifying said information.

As an example, if you are seeking immigration sponsorship from a Canadian citizen and forge their signature on your application, you are guilty of misrepresentation. The same is true if you falsify your age or marital status to immigrate under a certain class. Misrepresentation is taken very seriously can could result in a two-year ban from the country or jail time. A lawyer can help you overcome this decision based on the facts of your case.

8. Failure to Comply with Any Provision of IRPA

Examples of non-compliance with IRPA include 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. Failure to comply with IRPA may result in the issuance of a Removal Order.

If you have received a Removal Order, you may regain entry to Canada by obtaining an Authorization to Return to Canada (ARC) document. Once you apply for an ARC, be advised that you will be required to reimburse the Canadian government for removal costs before the ARC is issued.

9. Possible Overstays

You may be denied entry to Canada if the government suspects that you will overstay your visit or if they have evidence that you have done so in the past. For instance, if you went to college in Canada and remained in the country beyond your student visa’s expiration date, you may be denied entry to Canada. In this case, you will need an ARC.

10. Having an Inadmissible Family Member

If you are traveling with a family member who is inadmissible for any of the above reasons, you too are inadmissible.

Keep in mind that this information is for reference  and is not intended to assess inadmissibility. Your inadmissibility must be determined by Canadian authorities upon your arrival at their borders.

If you have found this post helpful and would like more information on being denied entry to Canada, visit our website here and contact us by filling out our form or giving us a call.

 

Published on: July 15th, 2014Published by: Michael Niren

Have you been refused entry to Canada?

Being denied entry to Canada can put a serious dent in your travel plans, and maybe even cancel them completely. The worst situation is when you had no idea you were inadmissible to Canada, and it comes as a complete surprise. The fact is, people are denied entry to Canada every day no matter who they are or where they’re from – all because of criminal records and other issues, with criminal records being the most common. Denied Entry to Canada 5

If you wish to enter Canada, but know or worry you are criminally inadmissible, read on:

What can I do if I have been denied entry to Canada?

If you have been denied entry to Canada, you have two main options. One is that you apply for a temporary resident permit (TRP) and the second is that you apply for criminal rehabilitation.

A temporary resident permit is just that – temporary. But it is a great way to enter the country for a short period of time in an emergency. While it is a very quick application process, these are still not easy to obtain.

A criminal rehabilitation application will take much longer, but it is a permanent solution to your inadmissibility, removing it.

If you are inadmissible to Canada, not each of these solutions will apply to you as it depends on a number of factors including the age of your criminal conviction. However, when you are inadmissible to Canada it can make you feel a bit better to know that you do have options.

If you are denied entry or refused entry to Canada, your next step should be to speak with a licensed immigration lawyer who has experience in denial of entry cases to assess your case and explore your options. Give us a call!

Published on: June 7th, 2013Published by: Michael Niren

Have you been denied entry to Canada?

Have you been denied entry to Canada? That may have been an extremely distressing and upsetting situation – it may have even been a huge surprise, and it might have ruined your travel plans if you had planned a vacation or a visit with family in Canada. Denied Entry to Canada

Canada has an obligation to ensure that it only lets people into the country who do not pose a threat to Canada or Canadians, but sometimes people who pose no risk are caught up in the tightened security practices. Most often, a criminal record – no matter how old or minor – can result in a denial of entry to Canada.

Being denied entry to Canada – what are my options?

Someone who is denied entry to Canada can actually overcome this inadmissibility, depending on their situation. The best first step you can take is speaking with a licensed immigration lawyer who is experienced in denial of entry cases and who can assess your case while helping you explore your options.

Your options include applying for criminal rehabilitation or applying for a temporary resident permit.

Criminal rehabilitation is the more lengthy application process, but it can be very worthwhile because it is a permanent solution to your criminal inadmissibility – in other words, it removes it. This option is suitable for applicants whose criminal record is more than five years old.

A temporary resident permit is a much shorter and quicker application, although that doesn’t necessarily mean it is an easy one. In addition, this will only temporarily remove your inadmissibility, but it could be a great option for you if you just have to enter Canada for a short period of time.

We are an award-winning immigration law firm that has been helping people who have been denied entry to Canada for over 15 years! Give us a call for an assessment of your case.

Published on: June 6th, 2013Published by: Michael Niren

Refused entry to Canada? We can help

Did you know that a criminal record can make you inadmissible to Canada? This means that if you attempt to enter the country you will be turned away. Denied Entry to Canada 3
Unfortunately, it does not matter whether your conviction is very old, for a minor offense or if you’re a completely different person now than when it occurred. You can still be denied entry.

However, even people who are denied entry to Canada because of a criminal record have options. Start by speaking to a licensed immigration lawyer to explore these options.

Options for someone who has been denied entry to Canada

Someone who has been or may be denied entry to Canada has the option of applying for a temporary resident permit or for criminal rehabilitation.

In the case of criminal rehabilitation, applicants who have a criminal record that is for a conviction more than five years old may be able to go through this process and remove their inadmissibility to Canada permanently. While a permanent solution, this process takes several months.

Someone who has a criminal record that is less than five years old can consider applying for a temporary resident permit, which is a temporary document that will help you overcome your criminal inadmissibility for a short time. This document is much quicker to obtain, but that does not mean it is easy to get.

We have over 15 years of experience in helping people from all over the world, including the United States, enter Canada when they are facing certain immigration obstacles. If you need to come to Canada and are worried about your admissibility because of a criminal record or another issue, please contact our immigration law firm for assistance. We can be reached at the telephone number above.

Published on: June 5th, 2013Published by: Michael Niren

We can help you if you have been denied entry to Canada

Did you know that if you have been denied entry to Canada, or you think you may be denied entry to Canada, there are options available to you? Denied Entry to Canada

Being denied entry to Canada usually happens because the traveler has a criminal record of some kind. Even the most minor of offenses can result in a denial of entry, and Canada takes certain offenses more seriously than the United States does.

So, what can you do if you are or fear you will be denied entry to Canada?

Applying for a temporary resident permit to enter Canada

In many cases, you could be eligible to apply for a temporary resident permit in order to enter Canada. This means that once you are approved for one, you should be able to enter Canada for a temporary length of time. However, the temporary resident permit will have an expiry date and once it expires you must leave and apply for another if you want to return.

While this document can be applied for at the border if you are a United States citizen, that does not necessarily mean it is an easy process. If you would like to apply for one, speak with a licensed immigration lawyer beforehand.

We can help you if you have been denied entry to Canada. There are options available to you, but these options are not always easy. In addition, if you only think you may be denied entry to Canada, you can contact us and we can assess your case to see if you are inadmissible or not. We have over 15 years’ experience helping people immigrate to Canada, including those who want to visit but are unable to because of a criminal history.

Published on: June 4th, 2013Published by: Michael Niren

Subscribe to Our Newsletter

  • You could be eligible for prizes
Start Your FREE
Assessment
Top of page

Associations