Options For Foreigners Who Have Been Denied Entry To Canada
Every year, there are about 170,000 people who become Canadian citizens. However if you were unsuccessful in your efforts it doesn’t necessarily mean the end of your immigration plans. You simply have to understand why you were denied entry to Canada in the first place. Next, you need to know the other options you can attempt. This article will provide an understanding, but it is always recommended to explore all your options by consulting an online Canadian immigration resource.
Reasons for Being Denied Entry
You can be denied entry into Canada for many reasons. Refer to the Canadian Immigration and Refugee Protection Act (IRPA), which clearly defines the grounds for inadmissibility, to understand the reasons for your denial. In general, however, they are the following:
- Security grounds - This means you are seen as a threat to Canada?s national security, whether through espionage, terrorism, or war crimes.
- Human or international rights violations - This means you are seen as having committed crimes against humanity, like genocide, murder, enslavement, torture, sexual violence, persecution, etc.
- Criminality - This means you are seen as having been convicted for a crime that, in Canada, is punishable by imprisonment of about 10 years. This also involves offenses violating an Act of Parliament, like the Firearms Act, the Customs Act, and the Controlled Drugs and Substances Act.
- Organized criminality - This means you are seen as being a member or a criminal organization, or you have engaged in transnational crimes such as people smuggling, money laundering, etc.
- Health grounds - This means you have a medical problem that’s seen as a threat to public health (a communicable disease that can give rise to an epidemic is considered the most common one here).
- Financial reasons - This means you are seen as being unable to financially support yourself or any dependents you might have in a way that satisfies the immigration officer. However this doesn’t apply to individuals who already have been granted refugee protection.
- Misrepresentations - This means you are viewed as withholding relevant documents or information about your person that can potentially render you as inadmissible for entry. This can also happen if your entry is sponsored by a person who is viewed as inadmissible.
- Non-compliance with Canadian immigration laws - This means you are seen as violating a condition or requirement of the IRPA.
- Inadmissible family members - This usually means you have a pending application for a permanent resident visa, and either: a) your accompanying family member is inadmissible, or b) you have a non-accompanying family member that’s inadmissible (a spouse, common-law partner, a dependent child)
As you will see in IRPA, most of the reasons for inadmissibility fall under criminal or fraudulent acts (or the implied intention of committing those acts). Some denials, however, may be attributed to simple oversight or ignorance on the part of the applicant. Nevertheless, you still have the following options available:
Options for Becoming Admissible
- Temporary resident permit - This costs about $200, and is granted through an interview in case you have a very strong, compelling reason to enter Canada that is more important than the conditions mentioned above. Such a permit only lasts for a short time, after which you need to apply for a new one or leave Canada.
- Overcoming criminal inadmissibility - To do this, you submit an application to the Canadian visa officer, describe the details of the crime, and essentially prove one of two things: that you’ve received pardon for your conviction, or that you have lead a stable lifestyle and therefore are unlikely to commit any more crimes.
- Settling financial problems - You will need to present documents proving the availability of adequate funds, or have made arrangement to sustain both you and your dependents.
- Settling problems with members of the family - Essentially, you try to make your family members admissible, or else prove that they will not become a liability to the Canadian government in the future.
- Settling medical problems - You bring documents to prove that your medical condition has either been completely resolved or that it’ll not constitute a public health threat.
- Completion of all the requirements - Bring all required documents to avoid misrepresentation allegations.
If all your efforts fail, you can try to file an appeal using an immigration attorney. As you have seen, there are lots of requirements and stipulations to consider. Since an immigration lawyer knows every detail of these stipulations exceptionally well, she or he is one of the best means of entering, especially if you do not clearly comprehend the requirements. So do not let that denial stop your plans. Know the options and try again.
Isabelle Pizzey loves anything to do with local businesses and she has frequently penned articles for Canadian Immigration.
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