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Denied Entry to Canada: What to Do Next

Being denied entry to Canada is usually not a permanent ban. The officer's reason sets the fix: a Temporary Resident Permit for a specific trip, Criminal Rehabilitation five years after a sentence ends, or an Authorization to Return after a deportation order. Criminal inadmissibility under IRPA s.36 is one of those grounds. An officer decides each case.

  • $246.25

    IRCC’s Temporary Resident Permit fee, not refunded if the permit is refused

  • $1,231

    IRCC’s Criminal Rehabilitation fee for serious criminality

  • $246.25

    IRCC’s Criminal Rehabilitation fee for non-serious criminality

  • $492.50

    IRCC’s Authorization to Return to Canada fee

Government fees are set by IRCC. The Fee Calculator estimates them.

Why can Canada refuse you entry?

Criminal inadmissibility (IRPA s.36)
A foreign conviction that has a Canadian Criminal Code equivalent. Canada looks at what the offence would be called under its own law, not the foreign label. Serious criminality under s.36(1) covers offences whose Canadian-equivalent maximum is 10 years or more; s.36(2) covers lesser criminality, including two offences that did not arise from a single occurrence.
Misrepresentation (IRPA s.40)
Providing false information or withholding material facts on an application or at the border. Misrepresentation generally creates a 5-year inadmissibility under s.40(2)(a). It is not fixed by Criminal Rehabilitation; it expires after the prescribed period.
Financial inadmissibility (IRPA s.39)
A finding that you are unable or unwilling to support yourself (and any dependants) during your stay without relying on social assistance.
Health inadmissibility (IRPA s.38)
A health condition that is a danger to public health, a danger to public safety, or might cause excessive demand on Canadian health or social services.
Security inadmissibility (IRPA s.34)
Espionage, terrorism, membership in a terrorist organization, subversion of government, or danger to Canada's security.
Non-compliance with IRPA (IRPA s.41)
Previous overstay, failure to comply with conditions of status, unauthorized work or study.

What happens at the port of entry?

  1. Primary inspection

    A CBSA officer asks basic questions and scans your travel document. The CBSA's published list of systems for traveller processing names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC).

  2. Secondary examination

    The officer can ask detailed questions, examine documents, examine your goods (Customs Act s.99), and run additional record checks. IRPA s.16(1) requires a truthful answer to every question, and IRPA s.18 requires every person seeking to enter to appear for this examination.

  3. Refusal and report

    If an officer determines you are inadmissible, they can refuse your entry and may prepare a report under IRPA s.44(1) setting out the relevant facts. That report is transmitted to the Minister, and s.44(1) does not require that you be handed a copy.

  4. Admissibility hearing

    In more complex cases, you may be referred to an admissibility hearing before the Immigration Division of the Immigration and Refugee Board.

Can you withdraw your application and leave?

You can say that you want to withdraw your application to enter Canada. If you are allowed to withdraw, you leave Canada without a removal order being made.

IRPR s.42 sets the rule in three parts:

  • If you say you want to withdraw, the officer must allow you to withdraw and leave Canada (s.42(1))
  • If a report under IRPA s.44(1) is being prepared or has been prepared, the officer may not allow it unless the Minister decides not to make a removal order or not to refer the report to the Immigration Division (s.42(2))
  • If you are allowed to withdraw, you must appear without delay before an officer at a port of entry to confirm your departure (s.42(3))

Once a report is being prepared, withdrawal is no longer yours to choose, and the decision passes to the Minister.

Which remedy fits the reason you were refused?

Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) may allow a person to enter or stay in Canada despite inadmissibility when an officer is satisfied the need to enter is compelling and outweighs the risk. IRCC says there is no separate TRP application from outside Canada: if you need a visa, you request TRP consideration as part of your visitor visa, study permit or work permit application; other travellers ask IRCC for instructions through its web form, or tell the officer at a port of entry that they want TRP consideration.
Criminal Rehabilitation
Criminal Rehabilitation under IRPA s.36(3)(c) removes the ground of criminal inadmissibility once approved. You are generally eligible to apply five years after you have completed all sentence conditions (including any custody, probation, fines, and driving prohibition). Some people may be deemed rehabilitated under IRPR s.18 without applying, but this never extends to serious criminality.
Authorization to Return to Canada (ARC)
Whether you need an ARC depends on the type of removal order. An enforced deportation order requires one to return at any time (IRPR s.226(1)). An exclusion order requires one for one year after it was enforced, or five years where it was issued for misrepresentation (IRPR s.225). A departure order needs no ARC if you left within 30 days and confirmed your departure; otherwise it becomes a deportation order (IRPR s.224). IRCC says there is no guarantee an ARC is issued.
Federal Court judicial review (IRPA s.72)
If you believe a decision was legally incorrect, you may apply to the Federal Court of Canada for judicial review. This is not an appeal. Leave must be granted, and a successful outcome sends the matter back for reconsideration, not automatic entry. The deadline is 15 days for a matter arising in Canada, 60 days for one arising outside Canada (IRPA s.72(2)(b)).

The rule

A Temporary Resident Permit (IRPA s.24(1)) is a discretionary, usually time-limited document that may let you enter for a specific, compelling reason.

IRPA s.24(1)Verify on justice.gc.ca(opens in a new tab)

What do you do after a refusal, and who decides?

  1. Get the paperwork on your file

    Keep any document you were handed at the port of entry. If you were not given the s.44(1) report, you can request your records from CBSA and IRCC through an access to information or privacy request.

  2. Find the ground that was cited

    Knowing exactly which ground was cited is what tells you which remedy applies.

  3. Apply for the remedy

    TRP for immediate travel needs. Criminal Rehabilitation to remove the ground of criminal inadmissibility. ARC if an enforced removal order requires one. A rehabilitation application goes to the visa office for your region, or with a temporary resident application to a Visa Application Centre.

CBSA officers have significant discretion at the port of entry. An officer decides a TRP; for rehabilitation, IRCC says the local office manager usually decides, or the Minister for more serious offences, and that applications can take over a year to process.

What do people ask?

Am I permanently banned from Canada after being denied entry?

In most cases, no. A refusal at the border is not a permanent ban; the ground of inadmissibility decides the remedy. Criminal inadmissibility can be addressed with a Temporary Resident Permit or Criminal Rehabilitation, and misrepresentation under IRPA s.40 generally lasts 5 years. After an enforced deportation order you need an Authorization to Return to Canada. Our Removal Orders and ARC guide explains each type of order.

Can I try again after being denied entry to Canada?

Yes, but trying again without fixing the reason usually meets the same result. The CBSA keeps a passage and enforcement history of people arriving at ports of entry, which its officers can query. A remedy is what changes the outcome: a Temporary Resident Permit, which an officer may issue when it is justified in the circumstances (IRPA s.24(1)), or Criminal Rehabilitation once the waiting period has passed. Our Temporary Resident Permit page explains how a TRP works.

What happens if you are denied entry to Canada at the airport?

The same process applies at airports as at land crossings. A CBSA officer at primary inspection can refer you to secondary, where the officer examines your documents and records. If the officer finds you inadmissible, they can refuse entry or write a report under IRPA s.44(1). If you ask to withdraw your application and leave, IRPR s.42 requires the officer to allow it unless a report is being prepared. Our Removal Orders and ARC guide explains what can follow a report.

Can I be denied entry to Canada for a DUI?

Yes. Impaired driving can make a traveller criminally inadmissible. An offence committed on or after December 18, 2018 carries a 10-year maximum, which is serious criminality under IRPA s.36(1). A Temporary Resident Permit can cover a specific trip, and Criminal Rehabilitation opens five years after all sentence conditions end. Our DUI and Canada entry guide also covers offences from before 2018.

Can I be denied entry to Canada for insufficient funds?

Yes. Under IRPA s.39, a foreign national is inadmissible for financial reasons if they cannot or will not support themselves and their dependants and have not shown other arrangements that avoid social assistance. Officers may ask for proof of funds, ties to your home country and a clear purpose for the trip. Our proof of funds for a visitor visa guide explains the documents officers usually look at.

Why would a US citizen be denied entry to Canada?

US citizens need no visa to visit, yet the same IRPA grounds of inadmissibility apply to them. A criminal record is one reason. The CBSA's published list of systems for traveller processing names CPIC and the US National Crime Information Center (NCIC), an officer can ask about your history, and IRPA s.16(1) requires a truthful answer. Canada assesses each conviction by its Canadian equivalent, and a DUI, a drug offence or a theft conviction can each lead to a refusal. Our US criminal record guide explains how that equivalency works.

How does a refusal affect future immigration applications?

Canadian immigration applications ask about prior refusals, and you must disclose them. A refusal at the border becomes part of the CBSA's passage and enforcement history. A single refusal, disclosed with an explanation and proof that the ground was addressed, does far less harm than hiding it, because hiding a material fact can itself be misrepresentation under IRPA s.40. Our visitor visa refused guide covers how people reapply.

What is the difference between a TRP and Criminal Rehabilitation?

A Temporary Resident Permit (IRPA s.24(1)) is a discretionary, usually time-limited document that lets a person enter for a specific, compelling reason while the inadmissibility still exists. Criminal Rehabilitation (IRPA s.36(3)(c)) is an application that, once approved, removes the ground of criminal inadmissibility for the offences assessed. An officer decides a TRP; for rehabilitation, IRCC says the local office manager usually decides, or the Minister for more serious offences. Our TRP vs Criminal Rehabilitation guide compares cost, timing and use.