Refused entry to Canada: Travellers to or from Alaska

Because of its unique geographical position relative to the rest of the United States, the state of Alaska is often at the centre of Canadian inadmissibility issues. Being unable to enter Canada lawfully on criminal grounds can create unexpected problems for inadmissible Americans travelling to or from Alaska.

Difficulties entering Canada because of a criminal record most often arise in the specific situations set out below.

Driving to/from Alaska through Canada

For those wishing to drive from Alaska to the “lower 48 states”, or vice versa, passing through Canada is a necessary leg of the journey.

For this reason, an individual who is inadmissible to Canada and has not taken the appropriate steps to resolve their inadmissibility is very likely to have difficulty completing the trip.

Many Americans believe that because they are only passing through Canada, any past criminal charges will not be an issue when entering the country. Unfortunately, this is not the case, and the usual rules on criminal inadmissibility still apply.

Alaska cruises

Because of Alaska’s breathtaking natural beauty, Alaska cruises are a popular alternative to more traditional holiday destinations. Since Alaska is part of the United States, it comes as a surprise that inadmissibility issues arise at all. This often results in an unwelcome surprise for those wishing to take an Alaska cruise.

The reason Canadian criminal inadmissibility can cause problems in this context is that most cruise lines operating Alaska routes include a stop in Canada. Vancouver and Victoria in the province of British Columbia are the most common stops, and the stay usually lasts from a few hours to overnight, and sometimes longer.

It is important to note that however long an individual spends in Canada as part of an Alaska cruise, even if they do not leave the ship, they may still be found criminally inadmissible.

If this is discovered, the individual will very often be escorted off the ship and sent back to the United States. This not only prevents them from seeing Alaska’s magnificent scenery but can also lead to awkward and embarrassing situations if their travelling companions were unaware of any previous criminal conviction.

The solution

Temporary Resident Permit (TRP)is a solution that can grant temporary access to a person currently refused entry to Canada. A temporary resident permit application should only be submitted for significant travel and may be issued for a stay of up to 3 years, depending on the reason for entry.

An application forcriminal rehabilitationapproved by the Canadian government is a permanent solution allowing unlimited travel to Canada. If you have been refused entry to Canada, a Canadian immigration officer may suggest criminal rehabilitation as a way of preventing future refusals. Once an applicant is approved, they no longer need a temporary resident permit to enter the country.

Legal opinion lettercan be drafted on your behalf by an experienced Canadian immigration lawyer. Although this letter will not cancel your inadmissibility, it will set out the relevant facts of your situation and explain to the Canadian authorities why they should allow you into Canada.

Read more about refused entry to Canada for travellers going to or from Alaska on the Canadian government website athere.