Denied Entry to Canada
Numerous factors can lead to an individual being denied entry into Canada, with past criminal history being one of the most prevalent reasons.
The Millennium Immigration is here to help you navigate the process of entering Canada. Simply fill out our contact form, and one of our experts will reach out to schedule a free consultation with you.
Table of Contents
- Overview
- Temporary Resident Permit (TRP) Applications
- Criminal Rehabilitation
Overview
The Canadian government provides various avenues to address issues of criminal inadmissibility.
In some instances, individuals who have been denied entry into Canada by border officials may be permitted to withdraw their application for admission. This allows them time to gather the necessary documentation and information to strengthen their case for entry.
Facing inadmissibility can be both financially burdensome and emotionally taxing, particularly if entry is refused unexpectedly. To pave the way for future entry into Canada, consider the following options:
Temporary Resident Permit (TRP) Applications
A Temporary Resident Permit (TRP) can be granted to individuals who would otherwise be inadmissible to Canada due to a criminal record, allowing them to enter or remain in the country for a specified duration.
For those who have been denied entry to Canada and are not yet eligible for criminal rehabilitation, a valid TRP is necessary for legal entry. Unlike criminal rehabilitation, which has specific eligibility timeframes related to the completion of a sentence, a TRP can be applied for at any time after a crime has been committed or a conviction has occurred. This means that individuals may receive a TRP even while still serving part of their sentence, such as those on probation or those who have not fully paid fines.
However, for individuals with serious offenses, like felonies, the chances of obtaining a TRP are considerably lower, particularly if they are still serving their sentence.
Applying for a TRP
Once you and your immigration lawyer have gathered all necessary documents for the TRP application, you must submit it to the Canadian government for review. It’s advisable to share any documentation related to previous attempts to enter Canada with your lawyer.
If you are a U.S. citizen or a permanent resident of the United States, you can submit your TRP application at a Canadian consulate or at a port of entry (land, sea, or air).
Canadian Consulate Applications
To apply for a TRP through a Canadian consulate, you will need to present an application along with supporting documents that explain the reason for your criminal inadmissibility and justify your entry into Canada.
In certain cases, individuals may have criminal records in their home countries due to human or international rights violations, such as unjust charges. Immigration officials will consider these circumstances during the application process.
If a serious crime is present on your record, you may be required to provide additional information to satisfy the Canadian government’s requirements.
While processing times for consulate applications are typically longer than for port of entry applications, this route allows applicants to know their admissibility status before arriving in Canada, reducing uncertainty.
Port of Entry Applications
For foreign nationals with criminal inadmissibility who arrive unexpectedly or with last-minute travel plans, TRP applications can also be submitted at a port of entry. These applications are processed immediately.
A Canadian immigration officer will evaluate the applicant’s need to enter Canada against potential health and security risks to the Canadian public. Applicants must clearly demonstrate that their entry is justified.
The main advantage of this method is the rapid processing time; a TRP can potentially be issued in minutes. However, there is no guarantee of approval. If denied, entry will be refused until an approval is obtained from a Canadian consulate.
If you come from a visa-exempt country, you will need to apply for a TRP according to the specific guidelines of your country, as application forms may differ.
Government Application Fee
A fee of $229.77 CAD is required for each TRP application submitted.
Criminal Rehabilitation
The Canadian government provides an application for criminal rehabilitation for individuals who are inadmissible to the country due to past convictions. If you have been convicted of a crime in another country and more than five years have passed since you completed your sentence, you may be eligible to apply for criminal rehabilitation in Canada.
Benefits of Criminal Rehabilitation
Once the Canadian government deems you rehabilitated, you will receive a certificate of rehabilitation, which allows for indefinite travel in and out of Canada. If you have previously been denied entry, a Canadian customs agent may recommend applying for criminal rehabilitation to avoid future denials. Once approved for criminal rehabilitation, you will no longer need a temporary resident permit (TRP) to enter Canada.
Key Considerations for the Application
The most important aspect of the application is establishing the equivalent offense in Canada, which is essential for your criminal rehabilitation. Individuals with felony convictions may be classified under what is known as “serious criminality,” leading to more scrutiny and potentially higher processing costs.
Applying for Criminal Rehabilitation after a Serious Criminal Conviction
Convictions that could result in a prison sentence of 10 years or more in Canada are classified as serious criminality. Individuals categorized as such must apply for criminal rehabilitation to gain access to Canada, regardless of how much time has passed since they completed their sentences.
The decisions on these applications are highly subjective and fall under the discretion of Canadian immigration officials. Individuals with serious criminality can never be deemed rehabilitated automatically and must pursue individual rehabilitation.
Processing Times and Fees
Processing Time: Typical processing times for a criminal rehabilitation application range from 6 to 12 months after submission.
Government Application Fees:
Non-Serious Criminality: A fee of $229.77 CAD applies for each application submitted.
Serious Criminality: A fee of $1,148.87 CAD applies for each application submitted.
These options aim to help individuals overcome past criminal offenses and facilitate their entry into Canada. If you believe you qualify for criminal rehabilitation, consider consulting with an immigration attorney for guidance on the application process.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a leading immigration law firm in Canada, with over 11 years of experience in the field. Our dedicated team comprises more than 60 Canadian immigration attorneys, paralegals, and other professionals who are committed to helping clients achieve their immigration goals.
At THE MILLENNIUM IMMIGRATION, we specialize in addressing issues related to inadmissibility. Our knowledgeable team of inadmissibility lawyers will carefully evaluate your circumstances and craft the most compelling application for Canadian immigration authorities.
Established in 2013, themillenniumimmigration.com is the online hub for THE MILLENNIUM IMMIGRATION. It has grown into a reliable resource for those seeking guidance and information on immigration matters in Canada.
If you are dealing with inadmissibility concerns or have inquiries about your immigration status, don’t hesitate to reach out to us. We are here to provide the assistance you need for a successful application process.