If you have been denied entry to Canada at an airport or land border crossing, you may be wondering what impact it will have on future travel to Canada. You might also be in a situation where you believe a Canadian border denial could be likely due to your circumstances and are therefore trying to assess the risks beforehand and plan ahead for what you should do if this does occur.
In both cases, you’re in the right place, as this article will explain the wide range of circumstances that could lead to an individual being deemed inadmissible to Canada, as well as the potential consequences of a border denial and what you should do in the event of being turned back to ensure you can return to Canada and gain entry as soon as possible.
At Dogen Law, we have lots of experience helping Americans with past criminal convictions enter Canada. If you have a criminal record and have been denied entry to Canada, contact us today to find out more about the options that are available to you.
Potential Reasons for Canadian Border Denial
When you attempt to enter Canada through an international airport, land border crossing, or sea port, a Canadian immigration officer or border officer from the Canada Border Services Agency (CBSA) will assess your admissibility based on Canadian law. There are several reasons why you might be deemed inadmissible and refused entry to Canada:
Criminal Inadmissibility
One of the most common reasons for being denied entry to Canada is having a criminal record. If you have been convicted of a crime abroad, you could be deemed criminally inadmissible to Canada and refused entry. This is the case for both “serious criminality” such as felonies, and for what could be regarded as relatively minor misdemeanor crimes in the US that are nevertheless treated more seriously in Canadian law:
- DUI or impaired driving
- Theft
- Assault
- Drug-related crimes
Even if your conviction is from a long time ago, it can still make you inadmissible to Canada. See below for more details on how to overcome criminal inadmissibility in Canada.
Previous Immigration Violations
If you have previously violated Canadian immigration laws, such as overstaying your visa or working without authorization, you may be denied entry to Canada. The Canadian government and CBSA take immigration violations seriously and may deem you inadmissible as a result.
Health Grounds
In some cases, you may be refused entry to Canada on health grounds. If you have a serious medical condition that could pose a danger to public health or safety or place excessive demand on Canadian health or social services, you could be deemed to be medically inadmissible and refused entry.
Misrepresentation
Providing false information or withholding relevant facts on your immigration application or when speaking with a Canadian immigration officer can result in a finding of misrepresentation. This can lead to being denied entry to Canada and may also result in a ban from entering the country for at least 5 years.
Insufficient Funds
If you can’t demonstrate that you have sufficient financial means to support yourself during your stay in Canada, you could be denied entry. Border officials want to make sure that visitors have enough money to cover their expenses and will not resort to working illegally or relying on social welfare assistance.
To prove you have sufficient funds, you should be able to show evidence such as bank statements, proof of income, or letters of financial support from a sponsor. These sources must amount to a sum that would allow you to support yourself during your trip and also afford the return trip home.
National Security
If there are reasonable grounds to believe that an individual might pose a threat to Canada’s national security, they could be refused entry. Grounds could include a reasonable suspicion that an individual has been involved in terrorist activities, espionage, organized crime, or international rights violations.
What Happens if Denied Entry to Canada?
If you are denied entry to Canada, it’s essential to understand the potential consequences and how it could affect your ability to enter Canada in the future.
Immediate Consequences
When you are refused entry to Canada, the border agents will likely take the following actions:
- You will be asked to return to your country of origin immediately, either by driving back through the land border or by booking the next available flight
- Any existing Canadian visas, electronic travel authorizations (eTAs), or permits will be cancelled
- You might be issued with an exclusion order, which legally prohibits you from entering Canada for at least one year (5 years in the case of misrepresentation)
- Your information will be entered into Canadian immigration databases, which can make it more challenging to enter Canada in the future, even if you resolve the initial reason for your denial
Being denied entry to Canada can be a distressing experience, but it’s important to remain calm and be cooperative with the CBSA officers. Arguing or providing false information will only make the situation worse and could lead to more severe consequences.
Long-Term Consequences
In addition to the immediate consequences of being denied entry to Canada, there can also be long-term implications for your ability to travel to Canada:
- Future Difficulty Entering Canada: Even if you resolve the initial issue that led to your denial, you could face increased scrutiny when trying to enter Canada in the future. Immigration officials will have a record of your previous refusal and may examine your application more closely.
- Need for Special Permission: Depending on the reason for your inadmissibility, you could be required to apply for special permission to enter Canada, such as through a Temporary Resident Permit or Criminal Rehabilitation. These applications can be time-consuming and costly and are not always approved.
- Impact on Future Applications: If you have been denied entry to Canada, it could affect your ability to obtain a Canadian visa, work permit, study permit, or permanent resident status in the future. Immigration officials may view your previous refusal as a mark against you when assessing your eligibility.
- Potential Loss of PR Status: If you have permanent resident status in Canada and are refused entry, it could lead to further scrutiny and potentially the loss of your permanent resident status in the event that you are issued a removal order.
Overcoming Criminal Inadmissibility
If you have been denied entry to Canada due to a criminal record or are concerned that you may be criminally inadmissible, there are steps you can take to overcome this and legally enter Canada:
- Temporary Resident Permit (TRP): A TRP allows you to enter Canada for a specific purpose and a limited period of time. To be eligible, you must demonstrate that you have a valid, compelling reason for entering Canada, such as attending a family event, business meeting, or receiving medical treatment. You will also need to show that the benefits of your visit outweigh any potential risks to Canadian society. TRPs are issued at the discretion of Canadian immigration officials, come in single or multiple-entry variations, and can be valid for up to three years.
- Criminal Rehabilitation: If at least five years have passed since you completed your sentence (including probation and parole), you may be eligible for Criminal Rehabilitation. This process involves applying to the Canadian government for a determination that you have been rehabilitated and are no longer inadmissible to Canada due to your criminal record. To qualify for criminal rehabilitation, you must provide evidence that you have led a stable, law-abiding life since completing your sentence and are unlikely to commit any further crimes. If your application for criminal rehabilitation is approved, you will no longer be inadmissible to Canada based on your past criminal convictions.
The most appropriate option for overcoming your criminal inadmissibility will depend on factors such as the nature and severity of your offenses, the amount of time that has passed since your conviction, and your reasons for wanting to enter Canada. There is also a third option that we have dedicated a full blog post to – Deemed Rehabilitation.
The Importance of Professional Legal Assistance
Working your way through the Canadian immigration system to overcome criminal inadmissibility can be a complex process. Getting help from an experienced immigration lawyer who maintains a focus on helping individuals with criminal records can make a significant difference to both the application processing speed and the outcome of your case.
How Dogen Law Can Help
At Dogen Law, our knowledgeable immigration lawyers have extensive experience helping individuals with criminal records overcome the barriers to entering Canada.
If you have been refused entry to Canada because of past criminal convictions or are concerned about your future admissibility due to a criminal record, we encourage you to contact us to get a free initial assessment of your case.
Our team will look at the details of your situation, explain your options, and guide you through the process of applying for a Temporary Resident Permit or Criminal Rehabilitation.
