Tag Archives: denied entry to Canada

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

Denied entry to Canada? We can help.

If you have been denied entry to Canada, you may have felt extremely stressed and upset. Unfortunately, this actually happens often. In addition, you may be concerned that you will be denied entry to Canada and you might avoid coming to Canada because you don’t want to take chances. In most cases, a criminal record causes these denials. Denied Entry to Canada

However, a denial of entry to Canada is not the end of the line for you. You actually have options that you can explore in order to overcome or remove your inadmissibility.

Options when you are denied entry to Canada

People who are inadmissible to Canada generally have two options: They may apply for a temporary resident permit (TRP) or they may apply for criminal rehabilitation.

A temporary resident permit is usually the best option when you have a criminal record that is less than five years old. This is a temporary document that will allow you into Canada, but once it expires you will have to apply for another one in order to return to Canada. While these documents can be applied for at the Canadian border, they are not necessarily easy to obtain.

Criminal rehabilitation is an ideal option for suitable candidates who have a criminal record that is over five years old. Criminal rehabilitation is a lengthy application process that cannot be completed at the border, but it is a permanent way of removing your criminal inadmissibility.

We are an immigration law firm that has been helping people overcome and remove their inadmissibility for over 15 years. We are here to help you, too! Please give us a call at the telephone number above, or you can also e-mail us on the right in order to get an assessment of your case. You are closer than you think!

Published on: June 3rd, 2013Published by: Michael Niren

How a criminal record can stop you from entering Canada

Crossing the border between Canada and the United States is not normally especially difficult. For example, most individuals only need to present a valid passport and they’ll be on their way. However, Canada and the United States have recently signed information sharing acts that mean if you have a criminal record in the United States, Canada will know about it. In addition, if you have a criminal record you must disclose this information to the border services officials when asked. Denied entry to Canada 5

Criminal records are all different, but if you do have a criminal record and you want to travel to Canada, you may need to be worried about yours.

This is because having a criminal record can cause you to be inadmissible to Canada.

Why does a criminal record stop you from coming to Canada?

Canada has a right to protect itself from people who may present a security risk or a danger to the public, and has policies in place to do so. However, often times there are cases where people who don’t pose any threat are deemed inadmissible and denied entry.

If you are denied entry to Canada or you have a criminal record and fear you will be denied, you can consider applying for a temporary resident permit, which will allow you to come to Canada for a short visit. You generally have to demonstrate that there is a pressing matter that needs your attention in order to get one.

Another thing you can do is apply for criminal rehabilitation, which is something that takes much longer, but is a more permanent solution.

Are you concerned about crossing the border into Canada because of a criminal record? Give us a call! We can help you with your case.

Published on: May 25th, 2013Published by: Michael Niren

Criminal records and entering Canada

Not everyone realizes that when you attempt to enter Canada and you have a criminal record, you could be denied entry. Being denied entry to Canada can be extremely distressing, and even embarrassing. It doesn’t matter what kind of plans you have in Canada, or if you have someone waiting for you – you will be asked to turn around and leave. Denied entry to Canada 4

This is why it is so important to speak to a licensed immigration lawyer before you travel to Canada – before you even make plans, or buy tickets. Because if you are denied entry, you won’t be able to get that time or money back.

What should you do if you have a criminal record and want to go to Canada?

Meeting with a licensed immigration lawyer is a great first step when you have a criminal record and want to come to Canada – even if it is a misdemeanor or an older criminal record, it’s a wise move. That’s because there are several options that you can look into when you’re criminally inadmissible – but you may have to act long before you travel.

For example, you could apply for a temporary resident permit, which will allow you to enter Canada temporarily despite your criminal inadmissibility. This is something that can be applied for at the border, although there is also a risk to applying at the border because you could be denied.

One other thing you can look into is criminal rehabilitation, which is a process that removes your criminal inadmissibility permanently. However, unlike the temporary resident permit, which if you are approved for you can receive right away, the criminal rehabilitation can take many months to process.

If you’re planning on traveling to Canada, but you have a criminal record, call our immigration law firm for assistance with your case. You can e-mail us using the form on the right, or by giving us a call at the number above.

Published on: May 23rd, 2013Published by: Michael Niren

What to Know About Entering Canada with a DUI Conviction

Denied entry to Canada 3

Having a DUI is a very serious offense in Canada. Both Canada and the United States take criminal records very seriously, and individuals who have criminal records may not be able to enter either country. However one key difference between the two countries is if you have a DUI conviction on your criminal record, you may be denied entry to the United States, while you will almost certainly be denied entry to Canada for a DUI.

Entering Canada with a DUI Conviction

People who are denied entry to Canada will have to be put on the next flight home or they will be asked to turn around and go back to the United States.

However, if you have a DUI in your past, you may want to speak to a licensed immigration lawyer.

Why You May Need an Immigration Lawyer

A licensed immigration lawyer can help you determine if your DUI conviction would render you inadmissible to Canada. After discussing your criminal history with an immigration lawyer, you can then figure out what you should do about it. The most important thing is that you get it taken care of before you travel to Canada, because some of your options may require time.

One example is the criminal rehabilitation process, for individuals whose criminal conviction is more than five years old. This must be done at the Canadian consulate, and it can take several months for this to be processed. While a lengthy and complicated process, the criminal rehabilitation process can be very rewarding because it is a permanent solution.

Seeking a Temporary Resident Permit

If your criminal record is less than five years old, you could consider applying for a temporary resident permit instead. This is not a permanent solution, but it will help you temporarily overcome your criminal inadmissibility.

Do You Need Help Entering Canada with a DUI Conviction?

Are you concerned about your criminal record preventing you from entering Canada? All of Niren & Associates’ cases are handled by independent, licensed and award winning Canadian and U.S. lawyers who adhere to the highest standards of client service. If you have made the mistake of committing a DUI, all hope is not lost.

Published on: May 22nd, 2013Published by: Michael Niren

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