Denied Entry

Anyone who is applying for a temporary resident visa or a permanent residency from outside Canada, may be held inadmissible under the law. If the visa officer determines that the applicant is inadmissible, the person’s visa is denied, and that person would not be permitted to enter or remain in Canada.

Inadmissibility under certain provisions of the Immigration and Refugee Protection Act, may have an extended effect on the accompanying and non-accompanying family members. In other words, someone’s inadmissibility can also deny entry to their family members.

• The law specifies the following grounds under which a person may be held inadmissible to Canada:
  • Security
  •  Human or international rights violations;
  • Serious criminality;
  • Organized criminality;
  • Health grounds;
  • Financial reasons;
  • Misrepresentation; and
  • Non-compliance with immigration legislation.

A person could also be denied entry at the port of entry, if the officer believes that the person is inadmissible under the law. Upon finding any inadmissibility, the officer may authorize the person to enter Canada for further examination or have a recourse to an admissibility hearing.

In case a person is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations he or she may apply for a Temporary Resident Permit (TRP) as a temporary resident or as a permanent resident to enter or remain in Canada.

An application for a Temporary Resident Permit can only be issued with certain conditions, in circumstances when the officer is “of the opinion that it is justified in the circumstances”.

Facing rejections based on various inadmissibility grounds can be very challenging for an applicant and their family members. Without proper legal expertise, it can take years to finally enter in Canada. Having proceeded under proper legal guidance can help to find a suitable immigration remedy in your case. If you are facing any such situation, we advise you to consult us.