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Have you tried to enter Canada and were refused? Or do you think you may be refused if you try to enter Canada? We know that it is a very stressful and disrupting experience.
When it comes to being refused entry into Canada, it is important you deal with the situation properly. Whether you have a criminal record like a DUI or something even more serious, you may still be admitted into Canada as long as you have the ‘right’ paperwork in order.
You will most likely need to file a Temporary Resident Permit (TRP) application which is a ‘Form IMM 5708’. Form IMM 5708 is the official document issued by a Canadian visa office that is placed in your passport to indicate that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, a student, or a worker).
There are a number of reasons you can be found inadmissible or refused entry to Canada, such as:
Even having an inadmissible family member can cause you to be denied.
Normally, if you are inadmissible to Canada, you will not be allowed to enter, unless you know how to prepare the ‘right’ paperwork. If you have a ‘reason’ to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit (TRP).
If you are a U.S. citizen or a citizen from a visa exempt country, you could apply for your TRP at the Canada/U.S. Border. If you are approved, a ‘Temporary Resident Permit’ will be granted.
However, there are some risks to consider when applying for a TRP at the border or airport. You could be refused and turned away at the border. In some very unusual cases, you could be detained by the Canadian Immigration authorities (this is rare).
In most cases, TRPs are submitted to a Canadian consulate or Canadian embassy for processing. If you are a U.S. citizen, you can apply for a TRP at a Canadian consulate in the United States. However, the downside for applying at a Canadian consulate rather than the border is that processing times for TRP applications at the Canadian consulate sometimes can take a number of months.
The duration of your TRP varies depending on the circumstances of your case. TRPs can be valid for a number of months or years, and they could be for a single entry to Canada or for multiple entries to Canada.
In certain cases, if your conviction occurred 5 years ago or longer, you may be eligible to make an application for Criminal Rehabilitation to enter Canada. A ‘Criminal Rehabilitation’ application (if approved) will wipe out your criminal inadmissibility that prevents you from entering Canada. If you travel often to Canada, you may want to apply for this.
Note: Unlike Temporary Resident Permits, an application for ‘criminal rehabilitation’ cannot be made at a Canada/U.S. border. You should make an application for criminal rehabilitation at a Canadian consulate or embassy.
Even though you can submit your own TRP application, we do not recommend this. Canadian immigration regulations are strict when it comes to even minor criminal offensive and even for offences that have occurred many years ago.
TRP applications can have a higher risk of refusal in cases where the application is not properly prepared. The Canadian immigration standards are very high. We find this is the number one reason why people are denied entry is due to not enough knowledge of the ‘ins’ and ‘outs’ of TRP applications.
You MUST have all the ‘T’s crossed and all the I’s dotted’, if you expect to cross the border with ease. The documentation and processes involved in successfully obtaining a TRP can be complex and usually require legal expertise.
It is always important to consult with a Canadian immigration lawyer regarding any possibility of refusal or denial of entry to Canada due to criminal offences. A qualified Canadian immigration lawyer can advise you on whether your criminal offence makes you inadmissible to Canada or not.
Many of our clients are happy to relieve themselves of the headaches of preparing paperwork and having to deal with government red tape by outsourcing this work to our professional team of immigration experts.
It is our pleasure to see clients enter Canada stress-free without all the hassles of filing tons of complicated paperwork.
We have literally helped thousands of people to successfully attain a TRP so they can visit, work, or study in Canada and we are certain we can help you too!
The first step towards getting a TRP and avoiding being refused entry to Canada is to get an assessment of your specific situation. You can either fill our free online immigration assessment form here and we will get back to you (within 24 hours) to discuss your eligibility and immigration options, or click the button at the top of the page to get started.
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