Denied entry at the Canadian border?

Have you been Denied Entry at Canadian Border?

You are not alone. A lot of people wishing to enter to Canada are denied entry at the border for reasons of medical issues or criminality. For instance, if you have been convicted of a DUI, DWI, assault charge or another misdemeanour  you could be refused at the Canadian border. 

If this happens, it is not pleasant, can be embarrassing and costly. Therefore it is important to prepare in advance of your travel plans to Canada if you think you are  inadmissible.  How to prepare is to first determine if you are in fact inadmissible due to a criminal record. You should consult with an immigration lawyer in order to determine if you will have difficulty.

What if you are inadmissible to Canada?

If you are inadmissible, you may need a Temporary Resident Permit (TRP). A TRP is a special document that will allow you to be admitted to Canada even if you have a criminal record. You can apply for a TRP at the Canadian Embassy which can take a few months to process. If you are an American, and you have an urgent need to enter Canada, you can apply for a TRP right at the Canadian border. But doing so could be risky if you are denied. Therefore it is best if you plan ahead.

How long Can you enter Canada?

If you are granted a TRP, you can enter Canada for the validity of the TRP which usually is up to 6 months. But the duration depends on the immigration officer issuing you the TRP. If you need to enter Canada more than once, you may wish to apply for a TRP that allows you to enter Canada multiple times.

What if my criminal record is really old?

If your conviction is more than 5 years and in some cases 10 years, you may be eligible for what is called Criminal Rehabilitation (CR). CR will have the effect of wiping your record off the books for entry purpose and so long as you show your Criminal Rehabilitation Certificate upon entry to Canada, you should be admitted without issue. CR applications should be made at the Canadian Consulate and not at the Canadian border. They can take a number of months to process but if you are eligible, it is worth applying for.

If you have been denied entry at the Canadian Border or think that you may, it is essential to plan ahead.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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