Refused entry to Canada: Cross-border trade

For Americans with a conviction on their record, being refused entry to Canada in the context of US – Canada cross-border trade can cause problems when circumstances require travel north of the border.

People in the United States with a criminal record who wish to travel to Canada often run into difficulties in the situations set out below.

Cross-border trade relationships

Many Americans have work relationships involving Canada, varying in nature and importance according to the circumstances. Whether it is to meet clients, employers, suppliers or distributors, the need to travel to Canada is not unusual for some Americans who deal with Canadian companies or residents.

While most of this business activity is unaffected by its cross-border nature, this is often not the case for Americans who have been arrested or charged. Such individuals may face serious difficulties when trying to enter Canada and may be subject to close scrutiny by the Canadian immigration authorities.

Many Americans may be surprised to learn that even a seemingly minor incident on their record can affect their ability to carry out work in Canada. Since most work-related trips to Canada are short and generally benefit the Canadian economy, individuals may not expect to encounter obstacles when crossing the Canadian border.

However, in many cases, no matter how much Canada may stand to gain from an individual conducting their commercial business in Canada, they are still refused entry to the country.

If they are found to be inadmissible, individuals may be refused entry to Canada. The consequences of this can be far-reaching and may extend well beyond the loss of that particular trip.

Business relationships with Canada may be put at risk, and the individual’s employment may even be threatened. If someone is at risk of being refused entry, there are steps they can take to reduce the risk of their livelihood being affected by past mistakes.

Conferences, conventions and trade shows

Canada is often the venue for events aimed at specific industries or catering to groups of people with shared interests. As well as being an opportunity to network and connect with like-minded individuals and colleagues, these events often play an important role in marketing a particular company’s products or services.

They can also lead to collaboration and innovation within an industry, and may reveal that industry’s overall direction and trends.

For these reasons, it is often very important that Americans are able to attend these events. They may need to attend for any number of reasons and in a variety of roles. Some may be drawn to attend purely out of interest, others may do so for market research, while others may be active participants or even the organisers of the event.

In many cases, Americans have a direct or indirect financial stake in the event, so being unable to attend has a negative effect on their bottom line.

In these situations, being considered inadmissible to Canada can and does cause problems for many Americans with a blemish on their criminal record. In many cases, such individuals are turned away at the border and refused entry to Canada for the same reasons and in the same way as described above.

Criminal inadmissibility is taken very seriously by the Canadian immigration authorities.

The solution

Are you a business traveller who believes you may be criminally inadmissible to Canada? Find out how to prepare before attempting to enter the country:

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.

An individual who has committed or been convicted of an offence can take proactive steps to avoid being considered inadmissible to Canada. One method of achieving this is through alegal opinion letteraddressed to the judicial authority hearing the case. This letter is a document prepared by a Canadian immigration lawyer.

In it, the lawyer refers to the relevant provisions of Canadian law to explain the consequences that a guilty verdict, or a finding that a person committed an offence, would have for the purposes of entering Canada.

Read more about refused entry to Canada in the context of cross-border trade on the Canadian government website athere.