Detention & Inadmissibility


Detention and Inadmissibility

Our experts at ACE Associates can simplify the Detention and Inadmissibility application, guiding you every step of the way.

Need To Know

Who can be detained and what are the grounds for detention in Canada?

Detention Protocol at CBSA

The Canadian Border Services Agency (CBSA) has the authority to detain a foreign national or permanent resident if there are reasonable grounds to suspect inadmissibility to Canada, pose a threat to public safety, exhibit a likelihood of not appearing for necessary proceedings, or fail to establish their identity. Detention may be imposed to ensure compliance with immigration processes and safeguard the integrity of Canada’s immigration system.

How to overcome criminal inadmissibility in Canada?

To overcome criminal inadmissibility to Canada, individuals have three main options. The first is a Temporary Resident Permit (TRP), which provides temporary access for a specified period, allowing entry when the benefits outweigh the risks. Temporary Resident Permit applications can be granted for up to three years, irrespective of sentence completion. Another option is a Criminal Rehabilitation application, which permanently clears the past criminal history for entry purposes. Unlike a Temporary Resident Permit, it’s a one-time solution without the need for renewal. Lastly, a Legal Opinion letter can be sought for specific cases. Each avenue addresses different aspects of criminal inadmissibility, offering solutions tailored to individual circumstances.

Who is criminally inadmissible to Canada?

Individuals with a criminal history involving violence, weapons, or property damage may be considered criminally inadmissible to Canada, encompassing offenses like assault, robbery, or drug-related convictions. Those posing a threat to national security, including ties to terrorist organizations or involvement in espionage or violence against a specific group, may also face inadmissibility. Additionally, violations of Canadian immigration laws, such as working without proper authorization or overstaying a visa, can result in detention pending the resolution of legal issue.

What is Criminal Rehabilitation?

Individuals with past convictions or criminal records which is hindering them from entering Canada have the chance to permanently waive off their inadmissibility through the process of Criminal Rehabilitation.

What are the documents required for detention and inadmissibility in Canada?

The documents required for detention and inadmissibility in Canada can vary depending on the specific circumstances of the individual case. Canadian immigration matters are complex, and the documentation needed may differ based on factors such as the type of application, the reason for inadmissibility, and the individual’s personal history.

What is Temporary Resident Permit (TRP)

Temporary Resident Permit (TRP) is a document that allows people to enter Canada who for some reason are inadmissible according to the Immigration and Refugee Protection Act.

What is Authorization to Return to Canada (ARC)

An individual who was forced to leave Canada due to a removal order and wishes to return to Canada will need an Authorization to Return to Canada or ARC. This is formal permission granted by the Canadian government for individuals under removal order to legally re-enter the country.

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