Refused entry to Canada: Transiting through Canada

Even when merely transiting through Canada, criminal inadmissibility can still cause problems for travellers planning their trip.

Because most routes through Canada involve only a short, temporary stay in the country, one might not expect Canadian inadmissibility issues to affect such a journey. It is important to understand that immigration officers at every Canadian border have access to criminal history reports and may exercise discretion when reviewing an individual’s criminal record and their reasons for entering Canada.

Overview

Unfortunately, reasonable as this expectation may seem, inadmissibility issues can arise for individuals wishing to transit through Canada. This is because, in order to catch a connecting flight at one of Canada’s airports, travellers usually have to pass through Canadian customs.

When this happens, in the eyes of the Canadian border authorities there is no difference between entering Canada to transit through the country and entering Canada to stay.

In both situations, immigration officers must be satisfied that the traveller poses no security risk to Canada. The standard Canadian inadmissibility rules therefore apply. For this reason, even where the final destination is not on Canadian soil, many trips have been cut short because the traveller was found inadmissible to Canada.

Taking a cruise

Many Canadian coastal cities are popular stops for some of the best-known cruise ships in North America. With scenery and interesting attractions across the country, most cruise passengers intend to leave the ship to explore these vibrant places.

Unfortunately, cruise lines and tour operators often do not tell passengers that being refused entry to Canada because of a criminal record is a common occurrence. If one of the following cities is on your itinerary, and you believe you may be or already are inadmissible to Canada, consulting a Canadian immigration lawyer may be worthwhile:

• Vancouver
• Victoria
• Montreal
• Halifax
• St. John’s

In the case of cruises departing from Canada, if you are found inadmissible by an immigration officer, you may be refused entry to the country. Even if your intention is to travel from the airport or land border directly to the port of departure, you may still be refused entry by a border officer.

Missing your cruise departure because of a criminal inadmissibility issue can mean no refund from the cruise company and an early end to your holiday plans.

It is also worth noting that if your cruise ends at a Canadian port and you are considered criminally inadmissible, you will probably have to leave Canada immediately on the first available flight, at your own expense.

Find out below about the options for overcoming inadmissibility in order to transit through Canada:

Applying for a Temporary Resident Permit

If you are a foreign national who has been arrested or convicted of an offence, you may be considered criminally inadmissible to Canada.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 three years, depending on the reason for entry. The validity of a temporary resident permit can be extended from within Canada.

A temporary resident permit grants lawful entry to Canada for a set period. An individual may apply for a temporary resident permit at any time. Unlike criminal rehabilitation, a temporary resident permit is not subject to a set waiting period linked to the completion of a sentence.

In fact, an individual may be granted a temporary resident permit while still serving part of their sentence, in certain cases.

Applying for criminal rehabilitation

Criminal rehabilitationis an application provided by the Canadian government for those who are eligible to clear their past criminal history permanently – for the purposes of entering Canada.

If an individual is approved for criminal rehabilitation, they are no longer considered inadmissible and will not need a temporary resident permit to enter the country. A criminal rehabilitation application is a one-off solution which, unlike a temporary resident permit, never needs to be renewed.

To be eligible for criminal rehabilitation:

• You must have committed an act outside Canada that would constitute an offence under the Criminal Code of Canada.
• You must have been convicted of, or have admitted committing, that act.
• Five years must have passed since the completion of the full sentence or sentences. This period includes time in prison, fines and probation.

The most important element is understanding the equivalent offence in Canada. What matters is the nature and severity of the offence under the Criminal Code of Canada. The Canadian immigration authorities distinguish between offences on the basis of serious and non-serious criminality. An experienced Canadian immigration lawyer can be very helpful when looking for the equivalent offence under Canadian law.

Legal opinion letter

Legal opinion lettercan be drafted by an experienced Canadian immigration lawyer to support your entry to Canada. They will set out the facts of your situation and explain to the Canadian immigration authorities why you should not be considered inadmissible.

Read more about refused entry to Canada when transiting through Canada on the Canadian government website athere.