Are you inadmissible to Canada?
Some people may not be able to enter Canada under certain circumstances. These people are categorized as “inadmissible” under Canadian immigration law. Whether you are inadmissible to Canada or not will be decided by an immigration officer at a port of entry or when you apply for a visa or an eTA. Some of the reasons for inadmissibility may be:
- You are under criminal convictions.
- You are not medically fit to enter Canada.
- You have financial issues.
- You have been part of acts of violations of human rights.
- You have provided fraudulent information on your application or interview.
- You may be a threat to the security of Canada.
- You have failed to meet the requirements for admissibility to Canada.
- Your family members are inadmissible to Canada.
However, if you may be allowed to enter if you have a legitimate reason to do so. To enter Canada, you will be issued a temporary resident permit (TRP).
A temporary resident permit or TRP is an authorized document issued to an inadmissible individual for Canada. To be eligible for a TRP you must have a justified reason outweighing your potential health or social threats to Canadian society. Regardless of how minor your reason for inadmissibility is, you must have a legit reason to enter. However, the issue of a temporary resident permit or TRP is not guaranteed. The permit is issued according to the length of your required stay. For instance, if you have to visit Canada for a conference lasting a week, you will be issued a TRP for one week and you must leave immediately once it expires. To extend your stay, you will have to apply for a new permit. Once you leave Canada the permit is no longer valid unless stated for re-entry. An immigration officer may cancel your TRP at any time. To apply for a temporary resident permit you will have to pay a processing fee of $200 which is non-refundable. Depending upon your nationality to apply for a TRP you will have to obtain either an Electronic Travel Authorization (eTA) or a visa.
Electronic Travel Authorization (eTA)
An Electronic Travel Authorization (eTA) is a process for nationals of visa-exempt countries, wishing to travel to Canada by air. In case refusal of eTA due to any inadmissibility, you may be issued a temporary resident permit (TRP) if you have a legitimate reason for traveling to Canada. To apply for a temporary resident permit you will have to fill out a form provided by a visa office.
If you are a national of a country that requires a visa to enter Canada and you have been declared inadmissible for any reason you may apply for a temporary resident permit (TRP) with documentation explaining why you have been denied entry and justified the reason why you must travel to Canada.
If you have been declared inadmissible because of a committed crime or are under conviction you may have several other options to enter Canada. Firstly, you may satisfy the immigration officer that you will not be likely involved in any future criminal activities. Based on the nature of your past offense and time elapsed since you commit a crime; you may eligible for Criminal Rehabilitation. Criminal Rehabilitation has different types:
1. Individual rehabilitation
Individual rehabilitation can be applied if five years have passed since your sentence ended and you have managed to raise stable living conditions for yourself.
2. Deemed rehabilitation
Deemed Rehabilitation can be applied if ten years have passed since your sentence ended and you have not been involved in other crimes and are free from convictions.
3. Record Suspension
Record suspension can be applied if you have been convicted in Canada and appeal for a pardon. In case you have been convicted or are residing outside of Canada you may apply through a visa office in your country.
Despite being criminally inadmissible, you may still be issued a TRP if:
- You have a justified reason to enter such as family emergencies or important conferences.
- You do not risk Canada’s safety.
If you are outside of Canada you may apply for criminal rehabilitation through any Immigration, Refugees and Citizenship Office.
In case you have received a removal order you may need special permission to return to Canada known as an Authorization to Return to Canada. The type of authorization you would need depends upon the type of removal order you have received. ARC application is normally applied along with the main application unless the applicant is from a visa-exempt country. Type of ARC application is dependent on a different type of removal orders as follows:
1. Departure Order:
If you have received a departure order and you have left Canada within 30 days, you will not require an Authorization to Return to Canada or ARC and can return through any port of entry. However, if you have not verified your departure your removal order will be converted into a Deportation Order which will require you to apply for an ARC to return to Canada.
2. Deportation Order:
If you have received a deportation order and wish to return to Canada before your deportation order expires you will have to apply for an ARC. However, a deportation order is not be confused with a removal order as a deportation order is in case you do not leave Canada within 30 days of your issued departure order. If you were issued a deportation order because of criminal convictions, you will first have to apply for criminal rehabilitation to return to Canada. You may require a TRP along with ARC. You may also be called for an interview.
3. Exclusion Order:
If you were issued an exclusion order and left Canada within 12 months since it was issued and have a certificate of departure, then you may not need an ARC. However, if you wish to return after less than 12 months have passed you will need an ARC.
How to Apply an ARC
To apply for an ARC, you will need to fill out an application and make sure the following is included in the application:
- Reasons why you were issued a removal order.
- The length of time of the order issued.
- Reasons why you wish to enter Canada.
- A declaration of better behavior in the future.
- Evidence of your current situation.
If you are still confused between whether or not you are inadmissible to Canada due to past conviction, or whatsoever reason Team The Visa Canada can do an assessment of your situation and suggest the best possible options based on your circumstances.