Denied an Entry in Canada? 3 Ways to Overcome Inadmissibility
Do you wish to enter Canada but worry about being denied? We understand that it is a difficult and upsetting event. 😥
But don’t lose hope! Whether you have a DUI (driving under influence) or anything more serious on your record, you may still be allowed to Canada if you have the ‘proper’ documents in place, and here’s how you can do it.
Who can be denied an entry in Canada?
Many factors can result in a denial of entrance into Canada. Some of the causes might be:
- Lack of Valid Travel Documents
- Proven Intention to Work Illegally
- History of DUIs and DWIs
- Fake Immigration Documents
- Infectious illnesses and health problems that can be contagious to Canadian public
- Lack of Funds
- Failure to comply with IRPA’s requirements
Table of Contents
How to Travel to Canada with a Criminal Record
There are 3 options for you to consider when it comes to traveling to Canada with a criminal record, such as:
1. Criminal Rehabilitation
One option to enter Canada even with a criminal record is to undergo Criminal rehabilitation prior to coming to Canada. Individual rehabilitation and deemed rehabilitation are the two types of rehabilitation.
Rehabilitation eliminates the reasons for a person’s rejection from entering Canada. When you’re rehabilitated, you’re living a steady life and aren’t likely to get into any further trouble.
To be qualified for rehabilitation, you must meet one of the following criteria:
- Committed a crime outside of Canada and it’s been five (5) years since the crime was committed.
- Was convicted of a crime outside of Canada and it’s been five (5) years since the sentence was served.
2 steps are required if you want to submit an application for rehabilitation:
There are a number of documents that need to be submitted together with your Application for Criminal Rehabilitation (Form 1444).
To make sure you satisfy the requirements for a TRP, you can apply for criminal rehabilitation before you apply for a temporary residence permit. To accomplish this, you must fill out an application and send it by mail or courier only to the visa office in your location.
A permanent residence permit (PRP) application must be submitted in person at a government office, not at the border or the airport. You can do this with the help of our immigration experts at CanadaCIS who can submit it under your behalf.
2. Canadian Temporary Resident Permit (TRV)
As a temporary resident, a Temporary Resident Permit (TRV) is a document provided by the Canadian visa office showing that the applicant has satisfied the conditions for entry into Canada. Although do take note, entry to Canada is not guaranteed simply because you have a TRV.
You must satisfy the following conditions in order to apply for a Canada Temporary Resident Visa:
- You must be at least eighteen years old to apply for a primary visa
- Have a passport that is valid and has at least one blank page on it when you go
- Make sure all documents are in English or French, and then translate and validate them
- Clear your criminal record using court documents
- Make a budget to cover the costs of applying for and processing a visa when necessary
- Sign all of the paperwork (don’t forget to add the dates)
- Complete the VAC Consent Form and sign it
- Give a brief explanation of your current immigration status, whether you’re in your native country or abroad
- Prepare for arrival to Canada in advance
- Convince the government of Canada of the temporary nature of your stay, and the fact that you will be returning to your home country shortly thereafter
3. Legal Opinion Letter
If you’ve been charged with a crime but haven’t been convicted yet, you can still apply to come to Canada. It is possible for a Canadian immigration lawyer to produce a legal opinion letter containing information on the charge and the lawyer’s legal judgments of the issue for the client. In order to receive a legal opinion letter, you may discuss your immigration plans with one of our immigration experts who can assist you in finding a proper lawyer for this option.
Other Possible Reasons for Inadmissibility to Canada
🏥 Health Inadmissibility
Any non-Canadian citizen or permanent resident may be found medically ineligible under the Immigration and Refugee Protection Act for one of three reasons:
- They may pose a threat to public health.
- They may be a danger to public safety.
- Health and social services may be expected to be overburdened as a result of their actions.
The medically inadmissible include, but are not limited to:
- Chronic Kidney Disease
- Cardiac Disease
- Autoimmune Disease, i.e.: HIV, Lupus
- Learning Disabilities
- Disorder requiring special education
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Hepatitis B and C and Liver Disease
- Blood Disorders
- Brain Disorders
- Rare Diseases and Conditions
- Total Knee Replacement
👨🏻💻 Security Inadmissibility
Subversion, espionage, terrorism, violence, or involvement in a group engaged in these acts, are main examples of security inadmissibility.
💰 Financial Inadmissibility
To be financially ineligible for admission, a foreigner must be financially incapable or unwilling to support themselves and anyone else who depends on them, and they must satisfy an officer that adequate arrangements for care and support, aside from those involving social assistance, have been made before they are allowed to enter the country.
Who Can Help You Overcome Inadmissibility to Canada?
There are several immigration agencies available who can help you overcome your inadmissibility to Canada, although do take note that only selected agencies can help. Unfortunately, as much as we would like to help, our services do not include assistance towards inadmissible candidates. The best option would be to head over to the government of Canada’s website and search for more information on how to apply for criminal rehabilitation and which organizations provide proper help in doing so.