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In this article we will discuss about Reasons for Exclusion to Enter Canada.
Being allowed to enter another country, such as Canada, must be seen as a privilege rather than a right. It is never guaranteed whether an individual can in fact cross the border. Immigration officials will make use of rigorous background checks. Especially after 9/11, immigration officials are more stringent in their criteria whom to allow entry into Canada. Past criminal offenses are often reasons that individuals are being denied entry.
If a person has a background of crimes and offenses, it might well cause problems the next time they plan to go to Canada. Naturally, not all type of offenses will cause a problem. If someone merely got tickets for false parking, those will not be a reason for concern. On the other hand, a record of reckless driving can indeed bring on troubles with immigration officials.
One error in judgment would be to assume that an offense will likely not pose a problem, based on own subjective judgment. But doing so could result in a big surprise at the border if the person is denied entry unexpectedly. What might have seemed only a minor offense could well turn out a reason that custom officials deny admission to Canada.
The types of offenses that could cause exclusion to enter Canada include:
- DUI or DWI – Driving under the influence and driving while under the influence. It should be worth to note that it will not a play a role whether the vehicle was involved in an accident.
- Misdemeanor drug possession.
- Negligent driving.
- Domestic violence.
- Theft or shoplifting.
Some of these crimes might be thought of little at first, but when a person wants to enter another country, such as Canada, there is a chance for denial of entry.
If you are dealing with custom officials at the border to Canada, do not make the mistake to hide a criminal record. This could quickly backfire. If you have concerns about your criminal record, the best way to go about this would be to seek the advice of an experienced immigration lawyer. The reason for this is that the procedure to gain entry to Canada with a certain criminal background can be anything but easy and straight-forward. It requires a thorough understanding of immigration law, the obtaining of important legal documents and their correct submission.
The Canadian Immigration Act states that “No immigrant, no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:”
“A person that has been convicted in Canada of an indictable offense, one that they may be prosecuted by indictment, or one in which is punishable under any Act of Parliament by a maximum imprisonment of 10 years or less. This is other than an offense that is designated a contravention under the Contraventions Act; (a.) anyone who there could be reasonable grounds to believe they were convicted of an offense outside of Canada. Offenses that might be punishable, if by indictment under any Act of Parliament, by a maximum term of imprisonment that is less than ten years. An act or omission that occurred outside of Canada, but that would constitute an offense punishable by indictment, under any Act of Parliament, with a maximum sentence of imprisonment for less than ten years.”
To increase your chances for a successful admission to Canada, even if there is a record of criminal offenses, the help of a skilled immigration lawyer is strongly suggested. The entire application process to gain entry can be very complex, lengthy and confusing. With their expertise and knowledge, the immigration lawyer can be a great help.
FAQs
There are several reasons for the denial of entry into Canada. Firstly, an individual may be denied entry into Canada because of a lack of documentation of identification. This also applies to the insufficient identification of minors (children under 18). Other reasons may include having criminal convictions.
Is there any reason why you would be denied entry into Canada? ›
There are several reasons for the denial of entry into Canada. Firstly, an individual may be denied entry into Canada because of a lack of documentation of identification. This also applies to the insufficient identification of minors (children under 18). Other reasons may include having criminal convictions.
What makes you inadmissible to enter Canada? ›
If you've committed or been convicted of a crime
If you drive while impaired by alcohol or drugs, including cannabis, you may be inadmissible for serious criminality. This means you won't be able to enter or stay in Canada unless we issue you a temporary resident permit.
What would stop me from entering Canada? ›
Other misdemeanor convictions that can get you barred from crossing the border include assault, disorderly conduct, mischief, resisting arrest, disturbing the peace, possession of a controlled substance, petty theft, larceny, possession of stolen property, and unlawful possession of a weapon.
Why would someone not be allowed to travel to Canada? ›
Any visitor who has ever been convicted of a misdemeanor or felony could be deemed inadmissible according to Canadian law unless they obtain special entrance permission from the Government of Canada, especially if the offense happened in the last ten years.
Can Americans be denied entry to Canada? ›
If you violated immigration laws or procedures in the past, even if it was a long time ago, you might be refused entry at the border. Canada's immigration laws are toughly enforced and the consequences for breaking them can result in long term bans from entering the county.
What medical conditions make you inadmissible to Canada? ›
Canada Medical Inadmissibility Examples
- untreated syphilis.
- active pulmonary tuberculosis.
- hostile or disruptive behavior.
- organic brain disorders or paranoid states linked to violent behavior.
- substance abuse issues that can cause anti-social behavior such as impaired driving or violence.
- sexual disorders such as pedophilia.
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.
Can I go to Canada if I have a DUI? ›
You can go to Canada if you have a DUI conviction by acquiring a Temporary Resident Permit entry waiver or becoming rehabilitated through an appropriate government office or border station. If a person has several DUIs, however, applying for a TRP or Criminal Rehabilitation may be onerous.
Can I go to Canada if I have a felony? ›
If a felon gets approved for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR), they can be allowed in Canada. Otherwise, if an American citizen has a criminal record that renders them inadmissible, they will usually not be allowed to visit even if they do not have any recent arrests.
There are three main methods available for people who wish to come to Canada but must overcome criminal inadmissibility:
- Submit a Temporary Resident Permit Application.
- Submit a Criminal Rehabilitation Letter.
- Legal Opinion Letter.
If you are refused an eTA because you have committed or been convicted of a criminal offence, you will need to apply for criminal rehabilitation under Canada's Immigration and Refugee Protection Act. Under this Act, if you have committed or been convicted of a crime, you will have to apply for a Visa.
Does Canada do a background check border? ›
Yes, Canada conducts background checks at its borders. One of the primary goals of border checks is to ensure Canada's safety by identifying potential security risks at the port of entry. During the initial screening process, officers may deem individuals criminally inadmissible to Canada from past criminal offenses.
Can you enter Canada with a misdemeanor? ›
In most cases, an individual who has a past misdemeanor would be considered inadmissible to Canada for 10 years after the completion of the sentence. However, you may be able to apply for Permanent Residency in Canada once you have cleared your inadmissibility to Canada via the Criminal Rehabilitation application.
What questions do Canadian border guards ask? ›
The officer may ask you a series of questions to determine:
- your immigration status.
- the type of any goods you're bringing with you.
- your duty-free allowance.
- your personal exemption entitlements.
In order to be admitted by Canada, applicants must successfully apply for permanent residence, have passed a medical examination, and gone through the required security checks.
What is the main reason for Canada visa rejection? ›
Incomplete Application Form:
Applicants must fill all the information correctly, providing all the necessary Canada Visa requirements; one cannot even miss the slightest of details. Missing or incomplete data can result in the rejection of your Canada visa.
Why would immigration deny entry? ›
Some reasons could be failing to demonstrate sufficient ties to your home country, not having sufficient funds to support your stay in the US, having a criminal history, or health concerns.
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