Have you been denied entry into Canada? Depending on the reasons for your
inadmissibility, you may still be able to enter the country. Temporary Resident
Permits (TRPs) are issued to those who have been previously denied entry into
Canada but can show exceptional circumstances. Temporary Resident Permits are
also available for Temporary Resident Visa holders wishing to extend their stay
or TRP holders renewing their permits. If you are unsure about which application
you should fill out, please call us now (1-866-760-2623) for a $75 consultation
to tell you how to proceed.
If you do not have the required supplementary documentation to support your
petition to re-enter Canada, Immigroup can help you. Please contact us at
1-866-760-2623 or info@immigroup.com to book your consultation. We will be happy
to assist you.
Quick Index
About Inadmissible to Canada
Persons who are inadmissible to Canada will have difficulty coming back into the
country if they ever wish to do so. Persons with criminal records or contagious
diseases are inadmissible, as are people who have been involved in terrorism,
people who cannot financially support themselves or their families, and people
who have previously violated the Immigration and Refugee Protection Act (IRPA).
This means that they are not allowed into the country. However, there are some
ways in which a person who is inadmissible can come back into the country. There
are three ways to become admissible: Rehabilitation, Authorization to Return to
Canada (ARC), and a Temporary Resident Permit (formally known as a Minister’s
Permit).
Our Service
If you have been denied access to Canada on the grounds of inadmissibility, a
Temporary Resident Permit (TRP) may be a way of entering Canada. If you are not eligible for a
TRP, you may be able to get one through an
Application of Rehabilitation
. If you have
had to leave Canada in the past, you may also be able to re-enter through an
Authorization to Return to Canada (ARC) . Immigroup Inc. processes all of the essential
documents necessary for you to obtain your TRP, rehabilitation or ARC. Immigroup
can also get your admissibility assessment [Webmaster: please include hyperlink
to third pdf button above] Canadian Citizenship and Immigration (CIC)
recommends before any TRP or rehabilitation applications are submitted. We
carefully check your application and ensure that it is correctly filed with the
right supporting documents.
Our Fees
Immigroup service fees begin at $250 for a basic TRP application, where you have
already been assessed by an immigration officer. If you do not know where you
stand, whether you need a TRP, an Application of Rehabilitation or an
Authorization to Return to Canada, then we offer a
web or phone consultation
service for $75. If you are inadmissible on criminal grounds, we recommend you
submit an
assessment to an overseas visa office or port of entry. We charge $500
and up for assessments.
Government fees:
Application for Rehabilitation: $200-$1000 (depending on the nature of the
crime)
Assessment of Rehabilitation: No fee
Authorization to Return to Canada:
$400
Temporary Resident Permit: $400
Please note, there is a Cancellation fee of
$42.50 CDN once work has begun on a file.
Inadmissible to Canada FAQs
How do I know if I am inadmissible to Canada?
If you have attempted to enter Canada and you were denied entry, you are likely
inadmissible. If you participated in an assessment at a Port of Entry or a
Diplomatic Mission, and were told you could not enter, you are inadmissible. If
you fit into any of the following categories, you are inadmissible:
- security risk
- committed acts of espionage
- committed acts of subversion(i.e. attempting to topple your government)
- committed acts of terrorism
- membership in an organization involved in any of the above
- human rights violations
- committed war crimes
- committed crimes against humanity
- senior government official “in a government engaged in gross human
rights violations or subject to international sanctions”
- criminal activity
- committed a serious crime that would be punishable in Canada by a prison term of at least 10 years
- criminal conviction o membership in a criminal organization
- health grounds
- your condition is likely to endanger public health (i.e. you have a dangerous communicable disease)
- your condition would cause “excessive demands” on the health sector and/or on social services agencies in Canada were you to move there
- you are unable or unwilling to financially support yourself and/or your family
(or you are viewed as such by immigration authorities)
- immigration violations
- misrepresenting yourself to Canadian immigration or border officials o failure
to comply with any part of the Immigration and Refugee Protection ACT (IRPA) for example:
- overstaying your visa/permit
- working/studying without a visa/permit
- not living in Canada enough of the time, if you are a permanent resident
- attempting to re-enter Canada after being deported without the proper authorization
- begin subjected to a removal order
Note: if you have an immediate family member who falls into one of the above
categories, you yourself are also likely inadmissible.
How do I know if I can get into Canada if I am classified as “inadmissible”?
If you are inadmissible on criminal, health or immigration violation grounds,
you may be able to enter Canada under exceptional circumstances by applying for
TRP with an Application of Rehabilitation or an
Authorization to Return to
Canada (if applicable).
If you are inadmissible on security grounds, human rights violations, or
financial grounds, you are permanently inadmissible and cannot enter Canada
period.
What is a TRP?
A temporary resident permit (TRP) is a document that gives you permission to
stay in Canada that for a limited amount of time. There are three main
situations in which a TRP may be issued to a visitor to Canada:
- The majority of TRPs are issued to people who have been classified as “inadmissible” by the
government of Canada, but who must travel to or through Canada for a
valid/compelling reason.
- TRPs are sometimes issued to temporary resident visa
holders who wish to extend their stay. Please see our FAQs.
- TRPs are also sometimes issued to people pursuing “inland sponsorship”. Some people are allowed to enter Canada without a visa
because they are travelling from countries for which Canada normally waives
visas (i.e. the United States). They need a TRP to stay within Canada to pursue
their sponsorship as they cannot apply for a visa. Please see our FAQs.
TRP holders are subject to strict requirements (especially time limits) and TRPs
can be cancelled at any time at the discretion of the Canadian government.
What reasons are considered valid or compelling for the granting of a TRP to an
otherwise inadmissible person?
The Canadian government does not specify what particular reasons are regularly
accepted for TRPs. They will grant them on “exceptional” humanitarian,
compassionate, or human interest grounds, but these never defined in the
Immigration and Refugee Protection Act (IRPA). Humanitarian and compassionate
grounds usually indicate that the applicant is somehow in danger if they cannot
enter Canada, or that the applicant’s family is already in Canada and that they
will experience hardships if the applicant is not allowed to enter Canada. Both
of these cases must be proved to the satisfaction of Canadian immigration
officials. These decisions are made on a case-by-case basis and there may be
other grounds through which a TRP could be gained for humanitarian or
compassionate reasons. Human interest grounds usually refer to the cultural,
scientific, academic (or other) import of the applicant’s work. For example,
such grounds are used as the basis to allow an otherwise inadmissible physicist
to enter Canada very briefly on a TRP to attend a conference on physics.
Human interest grounds must be proved to the satisfaction of Canadian
immigration officials by the applicant and those sponsoring the event(s) or
conference(s). These decisions are made on a case-by-case basis.
Other
exceptional circumstances may be acceptable on a case-by-case basis but entry is
at the discretion of the immigration officer.
I am inadmissible on criminal grounds. Can I apply for a TRP?
That depends on the type of crime(s) you committed. It also depends on where the
crime(s) was committed. For every example, you can always apply for a free
assessment from a Canadian immigration officer in order to find out whether you
can apply for a TRP. For crimes that would be punishable within Canada by a
maximum sentence of over 10 years in prison:
- If you committed that crime in Canada and have since been pardoned for it you
are admissible (if you need a
Canadian Pardon, please
click here).
- If you committed the crime in another country and have received a pardon, you
may be able to apply for a TRP, if the pardon is recognized by
Canadian
Immigration & Citizenship (CIC). In order to find out if your pardon is
recognized, you must contact your local
Canadian visa office.
- If your pardon is not recognized by CIC, or you committed the crime in Canada
but have never received a pardon, you can still fill out an
application for
rehabilitation if at least 5 years have elapsed since the completion of your
entire sentence. However it is extremely unlikely you will be eligible for a
TRP.
If your crime was an act that would be punishable in Canada by a maximum
imprisonment of less than 10 years:
- If you committed the crime(s) in Canada and have been pardoned you are
admissible
- If you committed the crime(s) in Canada and have not been pardoned, it depends
on the type of crime
- For an indictable offence, you can fill out an
application for rehabilitation if at least 10 years have elapsed since you completed your entire sentence
- For two or more summary offences, you can fill out an
application for
rehabilitation if at least 5 years have elapsed since you completed your entire
sentence
- For a single summary offence, you should be admissible but it is advisable to
apply for an assessment at a
Port of Entry (if you live in the US) or at a
visa
office before you attempt to enter Canada
- If for some reason you cannot wait the 5 or 10 years required of your
conviction you can attempt to get a TRP by filling out an
application for
rehabilitation anyway. However it is extremely unlikely you will be eligible
- If you committed the crime(s) outside of Canada and have received a pardon,
you can apply for a TRP, provided the pardon is recognized by
Canadian
Immigration & Citizenship (CIC). In order to find out if your pardon is
recognized, you must contact your local
Canadian visa office.
- If the pardon is not recognized by CIC, you can fill out an
application for
rehabilitation if at least 5 years have elapsed since you completed your entire
sentence
- If you committed the crime(s) outside of Canada and have not been pardoned you
will need to fill out an
application for rehabilitation if at least 5 years have
elapsed since you completed your entire sentence
- If less than 5 years have elapsed since the completion of your entire
sentence, you can still apply for rehabilitation, however it is unlikely you
will be deemed eligible to apply for a TRP
You can apply for rehabilitation by mail or in person at any visa office, or at
any Port of Entry if you are applying from the US (though the process is
different).
Note: If you are applying in person at a Port of Entry or within and you have
not already been deemed admissible through an assessment by Canadian immigration
officials, there is some element of risk to you and anyone accompanying you
whose status is also in question. If you apply at a port of entry and are not
allowed to apply for a TRP, you will be asked to return home immediately. If you
do not do so, you may be detained, forcibly removed or even arrested and
charged. If you apply for an assessment within Canada and are not allowed to
apply for a TRP, you will be asked to leave Canada voluntarily. If you do not
agree to leave voluntarily, you will be detained, or forcibly removed from
Canada, and/or arrested and charged. If you are in Canada without permission, it
is best that you leave the country immediately and apply for a TRP or
application of rehabilitation from outside the country.
What is an Application for Rehabilitation?
An application for rehabilitation is a way of applying to Canadian immigration
to determine if you are no longer inadmissible on criminal grounds. Under most
circumstances it must be filed at least 5 years after the completion of your
sentence at the nearest visa office (or in the US at a
Port of Entry). For
particularly serious crimes it must be filed after 10 years. Early applications
can be made, and may be granted under very special circumstances. An application
for rehabilitation must be submitted even if you are only applying for an
assessment.
If I inadmissible because of crime, must I submit an application of
rehabilitation?
Not necessarily. Canadian immigration officials may deem you rehabilitated when
you apply for entry into Canada if enough time has passed since your sentence
ended (depending on the type and severity of the crime). The best way of
discovering your status is through an assessment. An assessment determines
whether you are already “deemed rehabilitated” by the Canadian immigration,
whether you must apply for rehabilitation, or whether it is impossible for you
to enter Canada because of your criminal past. The responsibility to prove you
are rehabilitated lies with you so it is best to at least submit an assessment.
What is the difference between deemed rehabilitation and an application for
rehabilitation?
People who were inadmissible to Canada on criminal grounds can become admissible
if enough time has passed since their crime (depending on the nature of the
crime). Those who more than satisfy these rules may be deemed admissible by
Canadian immigration without having to pay to apply for rehabilitation. Canadian
immigration officials can perform a rehabilitation assessment by request at
overseas visa offices (or Ports of Entry in the US) which will inform the
applicant whether or not they are now admissible. It is possible to attempt to
enter Canada without the assessment if you meet the requirements posted on CIC’s
website. However, this is not recommended because admission is never guaranteed
and you are more likely to be allowed to enter Canada provided you have made
some kind of attempt to show the immigration officials you are rehabilitated.
I am inadmissible on health grounds. Can I apply for a TRP?
The onus is on you to prove to the Canadian immigration that your condition does
not render you inadmissible. If you are coming to Canada for less than six
months, you are not subject to a medical examination. It is therefore possible,
though definitely not recommended, that if you have a medical condition which
makes you inadmissible, you could apply for a temporary resident visa – provided
it is for less than six months – and be accepted. However, failure to disclose
your communicable disease would be an immigration violation and make you doubly
admissible. You should not do this under any circumstances.
If you are the spouse, common-law partner, or dependent child of a Canadian
permanent resident, you are admissible to Canada even if your condition will
cause excessive demand on the health or social system. Convention refugees and
protected persons are similarly exempt from this category of inadmissibility.
However, a communicable disease that endangers the public safety of Canada is
still grounds for inadmissibility, regardless of the nature of your application.
If you think Canadian immigration authorities would regard your condition as
grounds for inadmissibility, or you have been told by Canadian immigration
authorities already that your condition makes you inadmissible, the onus is on
you to convince them and a Designated Medical Practitioner (DMP) that your
condition either a) is not a danger to the public safety of Canada or b) will
not impose excessive demands on the Canadian health and social systems. If you
cannot do this, you will remain inadmissible.
If there are compelling humanitarian, compassionate or public interest grounds
to allow you to enter Canada for a brief time despite a medical condition that
makes you inadmissible, then you may be granted a TRP, but only at the
discretion of immigration officials and a DMP. The restrictions on your TRP may
be severe.
I am inadmissible to Canada because of a removal order. Can I apply for a TRP?
Whether you can return to Canada depends on how you were asked or ordered to
leave in the first place:
- Departure order (IMM 5238)
- If you complied with the departure order within
30 days and notified a Canadian immigration official of your departure, you can
apply for a TRP and may even be granted a visa (depending on circumstances)
- If you did not comply with the departure order within 30 days , the departure order
became a deportation order (see below)
- If you did not notify a Canadian
immigration official of your departure, the departure order became a deportation
order (see below)
- Direction to leave Canada order (IMM 1217B)
- This order is not a removal
order, whereas the other three are removal orders. If you complied with this
order then you should be able to re-enter Canada normally should be granted a
visa (if applicable)
- Exclusion order (IMM 1214B)
- If it has been 12 months since you left Canada
and you have a Certificate of Departure (IMM 0056B) proving that fact, then you
can apply for a TRP
- If it has been less than 12 months since you left Canada
according to your Certificate of Departure (IMM 0056B) you must apply for an
Authorization to Return to Canada before applying for a TRP. Some visa offices,
such as the offices in Vienna and London, have their own forms. Otherwise, you
must apply using the temporary resident visa form, which you would also use to
apply for a TRP.
- If you do not have your Certificate of Departure, you must
apply for an Authorization to Return to Canada before applying for a TRP.
- Deportation order (IMM 5238B)
- Anyone subject to a deportation order must complete and submit an Authorization to Return to Canada before applying for a
TRP.
What is an authorization to return to Canada (ARC)?
If you have been ordered out of Canada, or physically removed, you may need to
apply for an authorization to return to Canada (see above). This authorization
is the way the Canadian government grants you permission to apply for a TRP (as
removal orders make you otherwise inadmissible to Canada). Depending on where
you are applying, there may be a separate form or you may apply on a temporary
residence visa (TRV) form (the same form on which you would apply for a TRP).
For example, the visa offices in Vienna and in London both have their own ARC
forms: Vienna; London. It is best to contact the visa office near you before
applying on either an ARC form or a TRV form.
I am inadmissible to Canada because I violated the Immigration and Refugee
Protection Act (IRPA). Can I apply for a TRP?
There are a number of types of violations of the IRPA that can render you
inadmissible: misrepresentation, failure to respect the time limits of your visa
or your permit, failure to respect the restrictions for permanent residents, and
anything which makes you the subject of a removal order.
Misrepresentation is considered fraud. It includes using fake or altered
documents to enter Canada. These documents include passports or other travel
documents, visas, diplomas and other education certificates, vital statistics
certificates (i.e. birth, death, marriage), and any kind of criminal records or
police certificates. If you misrepresented yourself to Canadian immigration
officials, you could be subject to the following penalties:
- inadmissibility for two years
- therefore you must wait at least two years since you left Canada to apply for a TRP
- revocation of your status
- in this case you will have to apply for a TRP to re-enter Canada but there is no guarantee you will be granted one
- criminal charges
- in this case you will be inadmissible for 5 years after
completing the entirety of your sentence and you will have to apply for an
application of rehabilitation after that time. If you have not received a pardon
from the Parole Board of Canada, it is very unlikely you will be deemed
rehabilitated, even if you have waited 5 years.
- a removal order
- see above ( I am inadmissible to Canada because of a removal order. Can I
apply for a TRP?)
If you overstayed your visa or permit you can attempt to apply for a TRP within
Canada but most likely you will be met with a removal order (unless there are
exceptional circumstances). You should leave Canada and seek an assessment at
the visa office in your country of origin. This assessment will tell you whether
you can apply for a TRP immediately or whether you have to wait (and how long)
until you can re-enter.
If you are a permanent resident who failed to comply with the permanent resident
condition regarding days in Canada, you should stop traveling immediately and
stay within Canada until you again comply with the regulations. Applying for a
TRP should only be a last resort if you are outside of Canada when you violate
the condition and are not allowed to return. You may need to obtain an
Authorization to Return to Canada in this case.
I am inadmissible to Canada because of membership in an organization classified
as terrorist by the Canadian government but I have not participated in any acts
of terrorism or subversion. Can I apply for a TRP?
No.
I was a member of a government sanctioned by the international community. Can I
apply for a TRP?
It depends one whether Canadian immigration classifies you as a “senior” member,
i.e. someone with responsibility for the government actions that resulted in the
imposed sanctions. The only way you could answer this question would be to ask
for an assessment at the visa office nearest your country.
I was a member of an organization characterized as subversive decades ago, but
now it is a political party with an active role in government. Am I
inadmissible?
Most likely, it depends on whether your organization has been classified as a
terrorist organization by the Canadian government. This is the kind of decision
that would be made by Canadian immigration on a case-by-case basis and the only
way you would be able to discover whether you are inadmissible or admissible
would be through an assessment.
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