If you applied for a visa or permit to Canada and your application was rejected, you may wonder if you are blacklisted by Canada Immigration. Being blacklisted can affect your chances of entering or working in Canada in the future to a great extent. Not an in blacklist in the sense most would think, but there is a list of issues, which can lead to banished people from Canada. Because it is important to know the dos and don’ts while finding out if you happen to be blacklisted in Canada and what you ought to do if that happened. In this article, we will explain the signs and ways on how to check if you are blacklisted by Canada Immigration and how you can reverse the situation.
What is Being Blacklisted?
Being “blacklisted” by Canada Immigration usually implies that one is not permitted into Canada due to violation of the immigration law or because of crime. When one gets blacklisted, it implies that Canadian authorities have found such an individual a threat to security or has been in contravention of Canada immigration law. Such prohibition may be permanent or only temporary according to the circumstances of the violation.
Common causes of such a ban or blacklist include the following:
- Overstaying a Visa: If you overstay the period of your visa, then they can ban you from reentering the country.
- Criminal convictions: If your criminal convictions are serious ones, then it automatically implies that you will be banned for being in Canada.
- Making Misrepresentation: While you are filling up the form for a visa or for an immigration paper, if you are committing misrepresentation, it leads to severe consequences.
- Contravention of Immigration Laws: Violating any immigration law prevailing in Canada, such as working here but there is no valid permit granted or issued for this, causes problems.
How To Confirm whether You Are Blacklisted to Canada by Immigration
From the following are some tips that you can use, one of which will confirm about you being blacklisted or to be barred from entering or staying in Canada.
Verify Your Canada Immigration Application History
The first step to figuring out whether you are blacklisted or not is by checking on the previous applications you submitted on immigration. If you had a visa, work permit, or study permit, or perhaps you applied for permanent residency and your application was refused then the letter that refused your application would have given you all the reasons that led to its refusal. That is very valuable information to gain about your application status or whether it has been blacklisted or denied due to infraction or crime. Most of these denials will be for reason amounting to grounds for inappropriate, like misrepresentation or failure to comply with immigration requirements.
Obtain a Record of Your Immigration and Crime Background
If you feel you have a crime background, or there has been a conviction, you should obtain your record of immigration background history as well as crime records.
- Immigration Record Check: You can reach out to the Immigration, Refugees and Citizenship Canada (IRCC) or apply for a Case Notes Request from them. This will give you a comprehensive record of any records they might have on you and also tell you where you stand regarding your application history and whether there are any restrictions.
- Criminal Record Check: You can obtain your criminal record from the local police or use Canada’s RCMP service. If you have a criminal record and you were refused entry to Canada because of it, this might be an indication that you are inadmissible.
Search for previous immigration violations
If you overstayed your visa in Canada, worked illegally, or breached any other conditions for entry, the Canadian authorities will have a record of that violation. IRCC closely monitors such activities, and you could be flagged for future applications. Checking your previous immigration history can help determine if you are at risk of being blacklisted.
Ask for a Travel Ban Inquiry
If you believe your status is blacklisted with Canada immigration, you can check from the Canadian government through communication with CBSA or else approach IRCC directly. Some type of identification and information will need to be provided based upon any previous visa you obtained or entry attempts with more information you believe brought up your invalid standing. Once your inquiry is processed, you’ll be informed if any record exists preventing your entry into Canada.
Consult with an Immigration Lawyer or Consultant
If you cannot get the answers yourself or are unsure of what’s going on with your application, it is probably best to consult with a qualified immigration lawyer or consultant. They can deal with complex situations involving inadmissibility and will inform you if you have been blacklisted, and what can be done to solve that. If the inadmissibility reason is a criminal conviction, then a qualified immigration consultant or lawyer will guide you through the process for obtaining a Temporary Resident Permit (TRP) or Criminal Rehabilitation.
What to Do If You Are Blacklisted
If you are found to be blacklisted or inadmissible, panic not. There is always a way to fix it and gain entry into Canada eventually.
1. Temporary Resident Permit (TRP) Application
If the reasons for being blacklisted do not have a serious intention or are minor offenses, then you can apply for a Temporary Resident Permit, also known as TRP. This permit allows inadmissible people to enter into Canada for a specific period, like work, studying, or family reunification purposes.
2. Apply for Criminal Rehabilitation
If your prohibited due to a previous criminal conviction, you may apply for Criminal Rehabilitation. This process can remove the criminal record from your immigration history and restore your eligibility to enter Canada. To be eligible, you must have served any sentence imposed and have been rehabilitated for a period of time, typically five years following the completion of the sentence.
3. Appeal the Decision
If your application was refused and you think that the decision is incorrect, you can appeal to the IAD of the IRB of Canada. This can be done only for some kinds of refusals like those for family sponsorships or permanent residency. Being blacklisted by Canada Immigration does not necessarily mean that you are permanently banned from entering the country.
There are various ways you could check your immigration status, so even if you are considered inadmissible, you are not at a lost for legal remedies to make of your situation. So be it a case history or a Temporary Resident Permit application or Criminal Rehabilitation, a method is there for a name clearing and new reapplication for entry to Canada. And always opt for professional legal advice during such a process.
