Inadmissible to Canada? Here's Every Path Back In
Being found inadmissible to Canada does not always mean you cannot enter Canada permanently or temporarily. Depending on the reason for inadmissibility and your circumstances, options may include a Temporary Resident Permit (TRP), criminal rehabilitation, or an Authorization to Return to Canada (ARC).
Understanding the reason for inadmissibility is the first step toward determining which option, if any, may apply to you.
Understanding Inadmissibility to Canada
Thousands of travellers, students, and skilled workers are informed annually at a Canadian visa office or port of entry that they are “inadmissible” to Canada. When you apply for an immigration visa, or an Electronic Travel Authorization (eTA), or arrive at the border to apply, an immigration or border services officer makes the decision as to whether you can enter Canada or not. If you are found inadmissible, you may be denied a visa or eTA, refused entry, or deported from Canada. There may be a number of reasons why you are not admissible, such as security concerns, human rights or international rights violations, a criminal record (including driving while intoxicated with drugs or alcohol), organized crime, a medical condition, financial condition, misrepresentation, failure to comply with any provision of the Immigration and Refugee Protection Act (IRPA) or an inadmissible family member.
The positive side: Inadmissibility is not necessarily the end of the road. There are several options available to you, depending on your circumstances: you may be able to enter Canada by means of a Temporary Resident Permit; you might be considered as rehabilitated; you may apply for individual rehabilitation; in cases of removal, you may obtain an Authorization to Return to Canada; or you may obtain a record suspension.
Temporary Resident Permit (TRP)
In some situations, you can temporarily enter or stay in Canada if you are not admissible to Canada or do not meet some conditions of the Immigration and Refugee Protection Act (IRPA). There may be a compelling reason for your temporary entry or stay, in which case a Temporary Resident Permit (TRP) may be issued.
Below you’ll learn what a TRP is, who is eligible, and how to use it.
What Is a TRP?
A Temporary Resident Permit (TRP) is a temporary residency status that may be given to a foreign national who is ineligible to enter Canada as a permanent resident. IRCC is well aware that a TRP is not a cure for inadmissibility or a substitute for an IRPA requirement, it merely means that you are allowed to enter Canada when your reason for travelling is greater than the risk to Canadian society from your health or safety, as determined by an officer. There must be a valid, compelling reason for entry, the appropriate processing fee must be paid, and you must be aware that a TRP can be issued for less than five years from the end of your sentence, or for other valid reasons. No assurance of entry and a TRP does not guarantee entry at the border.
Criminal Rehabilitation
Canadian law provides two routes of rehabilitation from an inadmissibility due to a criminal conviction, plus record suspensions for Canadian convictions.
Individual rehabilitation may allow people with past criminal inadmissibility to overcome that inadmissibility for Canadian immigration purposes, subject to IRCC requirements. You must prove that you have been rehabilitated and that you are very unlikely to reoffend, and that at least five years have passed since the end of your sentence (including probation) and since the day you committed the act for which you became inadmissible. Applications must be made in conjunction with the temporary resident application at a Visa Application Centre, or by mail to the visa office that is responsible for your area, with the processing fee. IRCC also mentions that these applications may take more than a year, so make sure to apply early for any travel plans.
If the offence would receive a maximum sentence of less than 10 years in Canada, you might be considered rehabilitated – that is, you’ve waited long enough that your conviction doesn’t prevent you from entering – without applying. Typically, the waiting time will be 10 years from the completion of your sentence for one indictable-equivalent charge or five years for two or more summary charges. You should be self-assessed at the port of entry if – you had one conviction, at least 10 years have passed since the sentence was completed; the offence was not considered serious in Canada; there was no serious damage to property, physical harm, or weapon involved. You may or may not be approved, but it is easier to be assessed in advance by a visa office.
A record suspension (formerly a pardon) by the Parole Board of Canada will lift the inadmissibility after it has been imposed.
Inadmissible Legal Opinion Letter
An inadmissibility opinion letter is a written professional assessment of an applicant’s immigration situation. It may explain the relevant immigration rules, the applicant’s circumstances, and the potential implications for their admissibility to Canada. IRCC does not list an “Inadmissibility Legal Opinion Letter” as a standard mandatory document for all inadmissibility cases. Although it is not required of officers, a well-supported opinion letter is frequently submitted as an additional document to support TRP or rehabilitation submissions, or to address questions at the port of entry. Due to the unique nature of the equivalency analysis between a foreign conviction and Canadian law, it is an area where professional legal review is important because it directly determines which pathway would apply to you.
Convicted of Driving While Impaired (DUI)
The use of alcohol, drugs and/or cannabis while driving can render you ineligible to enter the country for serious criminality, even if the offence took place abroad. The tougher penalties went into effect on December 18, 2018. If your offence occurred prior to that date, you could be barred from entering Canada for ordinary criminality (unless you had been sentenced to more than six months) and may become eligible for deemed rehabilitation 10 years after your conviction. Five years after the end of your sentence (including probation) you can be rehabilitated as an individual, if you are found guilty outside Canada. A record suspension must be obtained if convicted in Canada. A TRP may be granted for a temporary admission if there is a good reason, but CBSA officers have complete discretion at the border.
Marijuana-Related Convictions
Marijuana-related offences that occurred before and/or outside of Canada do not remove inadmissibility due to cannabis use for recreational purposes since it became legal in 2018. A conviction for cannabis impaired driving is treated in the same manner as an alcohol-impaired driving conviction – as a serious criminal charge. Possession, cultivation or trafficking convictions are judged in relation to the equivalent Canadian offence at the time, and the same TRP and rehabilitation processes outlined above are considered.
Common Offences and Situations
The following are common issues that our clients bring up. These are evaluated in isolation of the IRPA, so please always check your situation with a professional before travelling.
A foreign “felony” is not a Canadian legal term. It is compared to the equivalent offence in Canada and if the Canadian offence has a maximum term of 10 years or greater then you are generally considered to be a serious criminal and the rehabilitation or TRP options above are applicable.
If the Canadian offence for the foreign conviction is an indictable offence, then it is also deemed to be an inadmissible offence. There is no blanket exemption for “minor” foreign convictions; each offence will need to be matched with Canadian law.
If you are found to be ineligible to enter Canada by a border services officer, you will be refused entry. You may request the reasons in writing and reapply later with a TRP, rehabilitation or supporting documentation as appropriate.
A US deportation record alone does not make a person an automatic inadmissible Canadian, however, the circumstances surrounding the record, such as a criminal conviction or fraud or a previous immigration violation, will be examined under the IRPA. Be sure to report removals in the past accurately, otherwise a misrepresentation finding may be made.
This is the most serious criminal inadmissibility category and typically applies to offences that carry a maximum sentence of at least 10 years in Canada. It has the longest waiting times and in certain cases, eliminates the right to appeal to the Immigration Appeal Division.
Transporters bringing passengers to Canada (airlines, bus and ferry operators) are required to make sure that passengers have valid and genuine travel documents before boarding. The transporter may refuse to transport an inadmissible traveller without them ever arriving at a Canadian port of entry.
Entertainers who have a criminal record are treated like any other traveller. An artist who has been denied admission to the country does not have to obtain a TRP or rehabilitation before being allowed to work on a short performance.
Driving through Canada to reach Alaska – it is still subject to Canadian admissibility standards. A criminal record can prevent this transit as it would any other and a TRP may be required even for a pass-through trip.
Persons of cross-border origin, such as business travellers and commercial drivers of vehicles (including those who participate in trusted-traveller programs), continue to be subject to the admissibility rules; in addition, inadmissibility may apply to those who participate in trusted-traveller programs.
If you’re going to Canada for hunting or fishing, you are not exempt from the admissibility requirements, such as firearms declaration, and a previous conviction may still result in the need for a TRP.
Even those who are simply transiting through to another country require the proper documentation (a visitor visa, a transit visa or an eTA, depending on their nationality and method of travel) and criminal inadmissibility can still be a barrier to transit through Canada at an airport or a land border.
Charges Within Canada
A conviction and a criminal charge are two different things. A conviction or, in the case of crimes committed outside of Canada, proof of the crime’s occurrence are typically prerequisites for inadmissibility under the IRPA. Officers may still review your case on other grounds, and a subsequent conviction may alter your status, but being charged while in Canada does not automatically render you inadmissible. Get legal counsel right away if you are charged while in Canada.
Depending on the type of removal order and if you met its terms, you might require an Authorization to Return to Canada (ARC) before you can return. You do not require an ARC if your removal was solely due to your presence with a family member who was ordered to be removed. When you apply to return, you still need to fulfil all other admissibility requirements.
The majority of temporary residence denials, including TRPs, study permits, work permits, and visitor visas, cannot be challenged. The Immigration Appeal Division may hear appeals of some denied family-class sponsorship applications; however, this option is not available in situations involving serious criminal activity. You can request judicial review from the Federal Court of Canada for rejections that are not appealable. The Court determines if your case demonstrates that the first decision was unreasonable or unfair during the first “leave” stage of the process. If leave is granted, the Court then moves on to a full judicial review hearing. Get legal counsel as soon as you receive a rejection because there are strict filing deadlines.
Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, and the Canadian Security Intelligence Service (CSIS) work together on security screening for citizenship, permanent residence, refugee, visitor visa, eTA, study permit, and work permit applications. CSIS and CBSA provide security advice; IRCC makes the final decision (except for in-Canada refugee claims, which the Immigration and Refugee Board decides). This screening checks for inadmissibility tied to national security, human or international rights violations, and organized criminality.
The CBSA manages the movement of people and goods into and out of Canada. At the border, CBSA officers verify admissibility, decide whether travellers can enter, and can detain or remove individuals found inadmissible. Whatever route you use to resolve inadmissibility, a CBSA officer at the port of entry always has the final say on the day you travel.