Being refused
entry to Canada can be an unexpected and stressful experience.
For many
Americans, the refusal happens suddenly. Travel plans are already in place, and
the issue only comes up when speaking with a Canada Border Services Agency
officer at the border.
Often the
reason is criminal inadmissibility connected to a past conviction.
If this has
happened to you, it does not necessarily mean that travel to Canada will never
be possible. But it does mean the issue should be addressed properly before
attempting to cross the border again.
Why
Americans are refused entry
Under Canadian
immigration law, foreign nationals may be denied entry if they have been
convicted of certain offences.
The key law is section
36 of the Immigration and Refugee Protection Act (IRPA).
A person may be
found inadmissible if they:
• were
convicted of an offence outside Canada that is equivalent to a Canadian crime
• committed an act outside Canada that
would also be a criminal offence in Canada
• have multiple criminal convictions
Common offences
that trigger refusals include DUI, assault, theft, and drug-related offences.
What happens
during a refusal
When a border
officer determines that a traveler is inadmissible, they may refuse entry.
In many cases,
the traveler is allowed to withdraw their application to enter Canada and return to the United States voluntarily.
The officer may
also make notes about the refusal in immigration records.
This means that
future attempts to enter Canada may involve additional questioning or review.
Why it is
important not to ignore the issue
Some travelers
assume they can simply try crossing the border again at a different location.
In practice,
that rarely solves the problem.
Border officers
across Canada have access to the same immigration databases. If a refusal has
already been recorded, it is likely to appear during future border inspections.
For that
reason, addressing the issue directly is usually the better approach.
Possible
options after a refusal
Depending on
the circumstances, several legal options may exist.
Temporary
Resident Permit
A Temporary
Resident Permit may allow entry to Canada for a specific purpose and for a
limited period of time, even when a person is otherwise inadmissible.
Criminal
Rehabilitation
Criminal
rehabilitation can permanently resolve inadmissibility once the person becomes
eligible.
In most
situations, eligibility begins five years after the sentence for the offence
has been completed.
Deemed
Rehabilitation
In some cases,
a person may eventually become automatically rehabilitated after enough time
has passed.
However, this
option depends on the nature of the offence and does not apply in every
situation.
One of the
biggest challenges after a border refusal is understanding how Canadian
immigration law views the offence. That analysis involves identifying the
Canadian equivalent of the offence and reviewing the details of the sentence.
Without that information, it can be difficult to determine whether a Temporary
Resident Permit or criminal rehabilitation may be available.
Sources
Canada
Border Services Agency — Admissibility
