Being turned away at the Canadian border disrupts travel plans, damages business opportunities, and separates families, often creating long-lasting complications that affect every aspect of your life. Whether you’re facing criminal inadmissibility, misrepresentation allegations, or medical concerns, the consequences extend far beyond a single denied entry, making it crucial to work with a denied entry to Canada lawyer at Kingwell Immigration Law who can help you understand your options and protect your future.
Our Toronto immigration lawyer team helps clients resolve inadmissibility issues and restore their ability to enter Canada. Contact our lawyers at 416.988.8853 for immediate guidance.
Criminal Inadmissibility
A criminal record—even from decades ago—can make you inadmissible to Canada. CBSA officers have access to extensive databases that flag past convictions, including DUI charges, assault, theft, drug possession, and fraud. Many U.S. citizens discover at the border that offences considered minor in the United States carry serious consequences under Canadian law.
Expunged or pardoned convictions may still affect your admissibility, as Canadian immigration law applies its own assessment criteria. Officers evaluate the Canadian equivalent of your foreign offence, not the original charge. A misdemeanour DUI in the U.S., for instance, can equate to a hybrid or indictable offence in Canada, resulting in automatic inadmissibility.
Misrepresentation
Providing false information or omitting material facts on immigration applications leads to serious consequences. Misrepresentation includes deliberately lying about criminal history, work experience, or relationships, but it also covers unintentional errors or omissions. Even honest mistakes can result in a five-year ban from entering Canada.
CBSA takes misrepresentation extremely seriously because it undermines the integrity of Canada’s immigration system. Officers may discover discrepancies through database checks, interviews, or documentation reviews. Once misrepresentation is established, you face an inadmissibility finding that prevents entry for five years from the date of the decision.
Medical Inadmissibility
Canada may deny entry to individuals whose health conditions could endanger public health or create excessive demand on health and social services. This category typically affects those applying for permanent residence rather than temporary visitors, but CBSA officers can refuse entry if they identify communicable diseases or serious health concerns at the border.
Medical inadmissibility assessments consider the nature of the condition, treatment requirements, and potential costs to Canada’s healthcare system. Our lawyers help clients understand whether their medical situation affects admissibility and guide them through the appropriate application process.
Security or Border Officer Discretion
CBSA officers possess broad authority to deny entry based on security concerns, suspected immigration violations, or other factors. Officers may refuse entry to individuals they believe pose a security risk, have ties to criminal organisations, or intend to work without authorisation.
This discretionary power means that even without formal charges or convictions, travellers can be turned away. Officers assess credibility, review travel history, and evaluate the purpose of your visit. Inconsistencies in your story or documentation raise red flags that lead to entry denials.
Facing a border refusal is stressful, but how you respond impacts your ability to resolve the situation. Taking the right steps immediately after being denied entry strengthens your position for future applications:
If you’ve been turned away at the border, our lawyers can act quickly to assess your case and determine the appropriate remedy.
Kingwell Immigration Law brings over 20 years of experience guiding clients through complex inadmissibility cases. We provide comprehensive legal support that addresses both immediate travel needs and long-term solutions.
Our services include detailed analysis of your refusal reasons. We review the grounds for your inadmissibility, examine the evidence used against you, and identify any procedural errors or misapplications of law. This analysis reveals whether you have grounds to challenge the decision or need to pursue alternative remedies.
We prepare and submit Temporary Resident Permit applications for clients who need to enter Canada urgently despite being inadmissible. TRPs provide short-term permission to enter Canada for specific purposes such as business meetings, family emergencies, or medical treatment.
For those with criminal records, we handle Criminal Rehabilitation applications that permanently overcome inadmissibility. Once approved, rehabilitation removes the barrier to entry and allows you to travel to Canada freely without requiring additional permits.
When facing misrepresentation findings, we develop strategic responses that present evidence, address discrepancies, and argue for reconsideration. Our experience with Federal Court litigation means we understand how to build persuasive cases that withstand scrutiny.
We also provide border entry planning for clients with complex immigration histories. This proactive approach helps you avoid future refusals by ensuring proper documentation, addressing potential concerns before travel, and establishing a clear record of your admissibility.
Our lawyers represent clients before IRCC and CBSA, communicating on your behalf and advocating for favourable outcomes.
Temporary Resident Permit (TRP)
A Temporary Resident Permit grants short-term permission to enter Canada despite criminal inadmissibility. TRPs suit travellers who need to enter Canada urgently for business, family emergencies, or other compelling reasons but don’t yet qualify for permanent solutions.
You must demonstrate that your need to enter Canada outweighs any risk you pose to Canadian society. Applications require detailed supporting documentation, including evidence of rehabilitation, character references, and proof of your purpose for travel. TRPs can be issued for single entries or multiple entries over a period of up to three years.
Processing times vary depending on where you apply. Applications submitted at the border receive immediate decisions, while applications filed at Canadian consulates or embassies abroad may take several months. Our lawyers help you determine the most strategic approach based on your timeline and circumstances.
Criminal Rehabilitation
Criminal Rehabilitation permanently resolves criminal inadmissibility by deeming you rehabilitated under Canadian immigration law. Once approved, you no longer require special permits to enter Canada and can travel freely.
Eligibility begins five years after completing all aspects of your sentence, including probation, parole, and payment of fines. The application process involves gathering extensive documentation, including court records, police certificates, and evidence of your conduct since the offence.
IRCC assesses your rehabilitation based on the severity of the offence, your behaviour since conviction, and whether you pose any risk to Canadian society. Our lawyers prepare thorough applications that present compelling evidence of rehabilitation and address any concerns IRCC might raise.
Facing a misrepresentation ban? Contact our team at for strategic legal guidance.
Misrepresentation carries harsh consequences—a five-year ban from entering Canada starting from the date of the finding. This ban applies regardless of whether the misrepresentation was intentional or resulted from an honest mistake.
Common misrepresentation scenarios include failing to disclose a criminal record, providing false employment information, lying about relationship status, or omitting previous visa refusals. Officers may also find misrepresentation if they determine you misrepresented your intentions for travel, such as claiming to be a tourist when you actually intended to work.
Challenging a misrepresentation finding requires building a strong legal case that addresses the officer’s concerns and presents evidence supporting your position. We examine the circumstances surrounding the alleged misrepresentation, gather documentation that clarifies discrepancies, and argue for reconsideration based on procedural fairness or factual errors.
In some cases, we can demonstrate that any inconsistencies were unintentional mistakes rather than deliberate attempts to mislead immigration authorities. Where officers have made incorrect assumptions or failed to consider relevant evidence, we present arguments that challenge the misrepresentation finding.
Even where misrepresentation is established, legal options exist. After the five-year ban expires, we help clients prepare future applications that address the previous finding and demonstrate rehabilitation. We also explore whether Humanitarian and Compassionate considerations justify allowing entry despite the ban.
Previous immigration violations create ongoing inadmissibility concerns that affect your ability to enter Canada. Common violations include overstaying your authorised period, working without proper authorisation, or being previously deported.
IRCC and CBSA maintain comprehensive records of immigration violations. Even if years have passed since a violation occurred, these records remain accessible to border officers and can result in entry denials. Officers may also refuse entry if you have a history of visa refusals or if they suspect you won’t comply with the terms of admission.
Overcoming inadmissibility based on past violations requires addressing the underlying issue and demonstrating that you will comply with Canadian immigration law going forward. Depending on your circumstances, this may involve applying for a TRP, seeking an Authorised Return to Canada (ARC), or pursuing a Humanitarian and Compassionate application.
Our lawyers assess your immigration history, identify the specific violations affecting your admissibility, and develop a plan to address these concerns. We advise on the proper sequence of applications and help you avoid actions that could further complicate your situation.
Legal planning before attempting re-entry is vital. Presenting yourself at the border without resolving underlying inadmissibility issues typically results in another refusal and creates additional negative immigration history.
Additional reading: Denied entry to Canada – Understanding the refusal process and your options.
Kingwell Immigration Law’s experience with complex inadmissibility cases, including extensive Federal Court litigation, sets us apart from other immigration firms. While many firms handle routine applications, our practice focuses on difficult cases where others cannot find solutions.
Deep expertise in Canadian immigration law and CBSA practices.
Our Toronto immigration lawyer team understands how border officers make decisions, what evidence persuades IRCC, and how to navigate the technical requirements of inadmissibility applications.
Proven track record in Federal Court litigation.
When administrative remedies fail, we represent clients in Federal Court proceedings, challenging unreasonable decisions and establishing important legal precedents. Our litigation experience means we anticipate legal challenges and build stronger applications from the start.
Strategic approach tailored to your circumstances.
We don’t apply one-size-fits-all solutions. Every case receives individualised attention, with strategies designed around your specific inadmissibility issues, travel needs, and long-term goals.
Cross-border legal insight.
Many of our clients are U.S. citizens or residents facing inadmissibility due to U.S. criminal records. We understand how American legal concepts translate into Canadian immigration law and help clients navigate the differences between the two systems.
Commitment to clear communication.
Immigration law is complex, but our explanations are straightforward. We keep you informed throughout the process, explain your options in plain language, and provide realistic assessments of your prospects.
Don’t let a border refusal derail your plans or separate you from family. Whether you need immediate help after being denied entry or want to resolve inadmissibility issues before travelling, our lawyers provide the strategic guidance and experienced representation you need.
We understand the urgency of border situations and act quickly to assess your options. Contact Kingwell Immigration Law to discuss your case and explore the remedies available to restore your ability to enter Canada.
Call us at 416.988.8853 or reach out through our contact page to schedule a consultation. Let our immigration lawyers help you overcome inadmissibility and reopen the door to Canada.
Years of experience handling humanitarian and compassionate applications have shown us recurring issues that can weaken cases or lead to refusals, allowing us to help clients avoid these common pitfalls.
⚠️ These challenges highlight why self-representation in H&C cases is risky—the discretionary nature of these applications means that presentation and legal strategy can determine success or failure.
A DUI conviction makes you criminally inadmissible to Canada under current immigration law. However, you may still enter through a Temporary Resident Permit, which provides short-term permission for urgent travel needs like business meetings or family emergencies. After five years from completing your sentence, you can apply for Criminal Rehabilitation, which permanently resolves the inadmissibility. Both applications require substantial documentation and legal preparation. Consulting an immigration lawyer significantly improves your chances of approval.
The duration depends entirely on the inadmissibility type. Misrepresentation bans last five years from the decision date. Criminal inadmissibility continues indefinitely until you obtain Criminal Rehabilitation or receive a record suspension in Canada. Medical inadmissibility may persist until your health condition improves or you demonstrate it won’t create excessive demand on Canadian services. Security-related inadmissibility can be permanent. A lawyer can review your specific situation and explain applicable timelines.
A TRP allows someone who is otherwise inadmissible to enter Canada temporarily for a specific purpose. It’s commonly used for urgent situations like attending funerals, important business meetings, or family emergencies. TRPs don’t permanently resolve inadmissibility—they provide temporary exceptions while you remain technically inadmissible. Permits can be issued for single entries or multiple entries over up to three years. Immigration officers assess whether your need to enter Canada justifies allowing entry despite your inadmissibility.
While legal representation isn’t mandatory, hiring a lawyer substantially increases your success rate for overcoming inadmissibility. Immigration lawyers understand the technical requirements of TRP and rehabilitation applications, know how to present persuasive arguments to IRCC, and can identify procedural errors that may have affected your initial refusal. They also prevent critical mistakes that could permanently damage your immigration prospects. Given the complexity of Canadian immigration law, professional legal guidance provides significant advantages.
Legal fees vary based on your case’s complexity and the remedy you’re pursuing. Temporary Resident Permit applications typically involve less extensive preparation than Criminal Rehabilitation cases, which require gathering comprehensive documentation and preparing detailed legal submissions. Factors affecting cost include the number of convictions, whether you need document translation, and whether litigation becomes necessary. Government filing fees are additional. Schedule a consultation to receive a detailed fee estimate based on your specific circumstances and inadmissibility issues.
