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Reasons for Being Denied Re-entry into Canada, and How to Re-enter Legally

Shweta Dutta

Canada can deny entry to any who cannot fulfill all the immigration requirements. For this reason, candidates work with a Canadian immigration consultant to minimize the chances of rejection. 

Why is a Candidate not Allowed Entry into Canada?

Canada may deny entry for several reasons. These include a history of crime, medical and financial reasons, application errors, etc. 

Listed below are a few reasons in detail:

  • Individuals with criminal background history, including terrorism, espionage, etc
  • A candidate involved in human rights violations like war crimes
  • Senior officials of a government engaged in human rights violations
  • A candidate associated with an organized crime like money laundering or smuggling 

Health

A candidate can be denied entry if the candidate’s health endangers public safety or public health. In addition, some health problems cause excessive demand for health or social services of the country, and hence candidates with these kinds of medical conditions can also be denied entry. 

To determine whether a candidate’s health conditions are a risk for public safety or public health, the candidate has to appear for the immigration medical exam, based on which a decision is made.

The Canadian government also denies entry to applicants whose health conditions would require services that cost more than the excessive demand threshold. However, there are a few applicants exempt from this rule, including refugees and protected persons.

Financial Reasons

If a candidate has insufficient funds to support their family members or themselves, the immigration service has the right to deny entry.

  • A candidate can be denied entry if they provide false information or withhold information. This also includes failing to comply with any information given by the IRPA. The Canadian immigration consultants can also provide more details on the IRPA.
  • A candidate can also be denied entry if the candidate is related to an inadmissible family member.

Note: Canada has strict penalties for certain crimes for which a candidate becomes inadmissible, no matter which country the crime was committed. This crime includes driving while impaired with alcohol, drugs, or any cannabis-related crime. These severe crimes cause permanent residents to lose their status, a candidate never to get a temporary visa permit.

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Inadmissible Person

Some people are not allowed to enter Canada under Canada’s immigration law and hence are termed as inadmissible. If a candidate is termed as inadmissible, the candidate will not be allowed to enter Canada. However, Canada may issue the candidate a temporary resident permit if the circumstances allow.

Overcome Inadmissibility

There are ways to overcome inadmissibility. It depends on the crime and how much time has passed since the crime was committed.

  • An immigration officer has the right to decide if a candidate can seek entry into Canada when the candidate applies for a visa or at the port of entry. Hence, convincing the Canadian immigration officer that you have followed the procedure and legal terms to be deemed rehabilitated is one way.
  • A candidate can also apply for rehabilitation personally.
  • A candidate can also show that they were given a record suspension.
  • The candidate can be allowed into the country as a temporary resident on a permit.

Deemed Rehabilitation

If you have been deemed rehabilitated, it means that a good amount of time has passed between the crime committed and your immigration application.

Deemed rehabilitation depends on: 

  • The crime committed.
  • The time passed since a candidate was convicted.
  • If a candidate has committed multiple crimes.

In all cases, deemed rehabilitation is only possible if the crime committed has a prison sentence of fewer than ten years in Canada.

Rehabilitation 

Rehabilitation means a candidate is not likely to commit more crimes. A candidate can apply for individual rehabilitation. To apply for individual rehabilitation, a candidate will have to show they meet the criteria and are not likely to commit any crimes in the future.

Record Suspension or Discharge

A record suspension allows a candidate to be pardoned and no longer be inadmissible. This record suspension can be applied for, in Canada (if the candidate has been convicted in Canada) or in the candidate’s own country. If the record suspension is in another country, the visa office of the Canada immigration service will tell you if the suspension is valid in Canada or not. A Canadian immigration consultant can also give this information.

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Temporary Residence

A temporary residence can be applied for by the candidate to enter Canada. For example, if the candidate has a valid reason to enter Canada but if inadmissible, the candidate can apply for a temporary resident permit. 

The immigration officer determines the validity of the candidate’s reason to enter the country and decides whether to issue the temporary resident permit or not.

Conclusion

If an applicant has doubts about their criteria, they can contact the best Canadian immigration consultants in India, who have more information and help them with their process. Canadian immigration consultants have first-hand knowledge of the steps and processes an applicant must undertake to qualify for a Canadian visa or a temporary resident permit. Therefore it is wiser to talk to a Canadian immigration consultant before applying for a visa or permit.


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