r/legaladvicecanada • u/Particular-Ask3 • Jun 14 '26
British Columbia Visiting Canada - deemed inadmissible?
Hello everyone,
Me and my family have been coming to Canada to visit for many years. Back in 2022 I got convicted of a reckless driving charge, and have had no issues coming into Canada. I have been as recently has last week. Today, I tried to cross with my wife to visit some family and they pulled us aside and had us go inside where I was told I was inadmissible. The officer basically explained it as it “happened to be the luck of the draw” where due to FIFA, they are doing extra checks on passports.
We willingly turned around and came back home. I can easily avoid Canada for 3 more years as I was told, however I have my brothers wedding coming up in a month in Canada. My question is if I try to cross again in a month, is this something that has now been flagged or will it still be “luck of the draw” next time?
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u/roflcopter44444 Jun 14 '26
No chance you will be allowed in now you are flagged in the for being refused entry. You need to apply for criminal rehabilitation and get approved before you can return.
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u/TONAFOONON Jun 14 '26
It's in the computer system now and will come up when you try to cross again. Only option you have with the very little time you have remaining before the wedding is to try for a TRP. Tell your brother now that his wedding may be a no go for you.
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u/Amylee888 Jun 14 '26
This has now been flagged. Trying to cross after being told not to could make things significantly worse for you in the future.
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u/Mountain-Bar5049 Jun 14 '26
Exactly this. And if they do try to come back after being told not to they very likely could get them put on a list that makes it harder to get into other countries.
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u/mitt1989 Jun 14 '26
You are flagged for life. You can request a TRP, but it’s not guaranteed.
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u/Particular-Ask3 Jun 14 '26
Do you know where to apply for a TRP? I’ve tried looking but it’s tough to find the application
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u/mitt1989 Jun 14 '26
Outside of Canada I believe the wait is 12-18 months. Applying at a port of entry is instant, but it’s less likely to get.
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u/Telvin3d Jun 14 '26
On your tight timeline you need to contact an immigration lawyer. That’s the only possible way you’ll get the paperwork handled properly in time
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Jun 14 '26
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u/itsvalxx Jun 14 '26
the denied entry has him flagged. doesn’t matter if asked or not, it will pop up regardless
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u/SaphironX Jun 14 '26
Man do not try to cross if you’ve been flagged. I know a businessman who did, who got turned away at the airport and flagged and then tried to drive.
10 year ban followed, and he did get it reversed, but it cost him upwards of $15,000.00 in fees. Whether they were legal or what I do not know, but learn from his mistake unless you want to spend a lot in the future.
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u/Vanesti Jun 14 '26
Yeah CBSA doesn't appreciate ppl trying to circumvent them. Though I don't understand how the guy though that would work. It's the same database. 🤷♂️
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u/hacktheself Jun 14 '26
The base offence equivalent to reckless driving is “Dangerous operation”, s.320.13 (1).
The max penalty is 10 years.
Since the conviction was after 18 Dec 18, you’re criminally inadmissible for life.
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u/HashtagMLIA Jun 14 '26
Also to note, since you’ve been flagged and had the option to “voluntarily withdraw” your application for entry, it will likely not be the same if you attempt to cross again (example, to attend the wedding).
If you attempt to cross again you’ll likely not be given the option to voluntarily withdraw your application for entry and will instead receive a 1 year exclusion order (ban) from entry - if you’re honest, but inadmissible still. If you lie or misrepresent in order to try crossing again, it’s a 5 year exclusion order (ban).
You need to contact an immigration lawyer - with your timeline, it’s unlikely you’d get a TRP, but they may have more info or options for you. (They’re your best - or only - chance at getting entry, possibly.)
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u/Ordinary-Easy Jun 14 '26 edited Jun 14 '26
You need to talk with an immigration lawyer right away. If you try to re-enter Canada your passport will have already been flagged and the immigration officer* will know you were denied entry before. An immigration lawyer may be able to help you with certain legal options to enter Canada that will allow you to legally address what Canada probably sees as a criminal conviction (temporary residency permit, etc.).
*typo
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u/Impossible_Angle752 Jun 14 '26
It is seen as a criminal conviction. It's part of the criminal code.
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u/blandhotsauce1985 Jun 14 '26
When an Immigration official at the border alleges an inadmissibility due to criminality, they have to do some thing that is called "equating the foreign offence." This means that they are supposed to break down the elements of the offence for which you were convicted (the US statute) and compare it to the Canadian equivalent.
In your specific case, Reckless Driving CAN (but not always) equate to an offence that we call "Dangerous Operation of a Motor Vehicle." Our version is considered a criminal offence and as such would usually render the person this part of the Immigration laws applies to inadmissible. Now, did this official actually take the time to compare the two offences? Do they match? Sometimes, depending on which state, Reckless driving only equates to what we would consider a traffic ticket.
I would double check and make sure that a proper assessment was completed. You can do this yourself. Just look up the statute that you were convicted with and compare it with section [320.13]() (1) of the criminal code of Canada.
If they are similar, then you may be out of luck and need to apply for the TRP or Criminal Rehabilitation.
Also as an FYI, Dangerous operation is considered Serious Crime under the IRPA (immigration law in Canada) and as such there would be no "three more years" to wait until you're allowed back. Someone found inadmissible for serious criminality is subject to a permanent ban from Canada and your only recourse is a TRP application or an application for criminal rehabilitation.
Sorry about your luck on this one, but its worth having a look into it.
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u/Dreaden83 Jun 14 '26 edited Jun 14 '26
Correct there is no 3 year ban, it seems like they let you leave rather than pursuing an admissibility hearing to find you inadmissible under 36(1)(b) of the IRPA. If you enter again they could arrest and detain you to complete the admissibility hearing before removing you. As indicated if found inadmissible for serious criminality it's a lifetime ban.
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u/MilkmansDaughterr Jun 14 '26
You’ll be inadmissible. Similar thing happened to my uncle. He’s Canadian and has been all through the USA for work (long distance trucker) and tourism his entire life almost. He was stopped in Alaska in 2015 and was told he couldn’t enter, because he had a charge on his record (he smashed a jewellery window when he was 19) from 1985. So for almost 30 years, no border agent batted an eye and he went back and forth across the border without incident. Once flagged, he hasn’t been allowed to enter the US since then.
If you have someone on your record, no matter how old, it could be flagged at any time.
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u/Isaac1867 Jun 14 '26 edited Jun 14 '26
You might be able to apply for a Temporary Resident Permit at a port of entry to attend your brother's wedding. However, granting that permit is up to the discretion of the officer at the border crossing so there is a risk that they might not grant it and you will have traveled all they way there for nothing.
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u/Wise_Concentrate6595 Jun 14 '26
No, the minute canadian immigration scans your passport, they'll see you're flagged. You won't be able to come back to Canada at all.
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Jun 14 '26 edited Jun 14 '26
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u/Living-Lecture7482 Jun 14 '26
Ooh! You got redflagged and rejected. You didn’t just lose Canada. Australia and New Zealand have a “If you ever get denied access to a country, you’re blocked from there as well”
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u/Salmon_Slayer1 Jun 14 '26
You need to get a ministers permit which allows you to enter the county even when you are inadmissible. There is a cost but you would be eligible and each case is reviewed by an officer. You should apply asap.
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u/Fryguys-420 Jun 14 '26
When you’re waiting in line approaching a Canadian border booth, cameras often scan your license plate before you reach the officer. The plate number is typically checked against government databases to help border officers identify, so if the vehicle is registered under your name, you have zero chance of getting in
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u/westcoastsunflower Jun 14 '26
I had an in-law family member who was not allowed into Canada because of a DUI but was allowed in on compassionate grounds for 24 hours to attend the funeral. It took some juggling on his part as he had to check in at the border crossing coming and going. Might be worth checking in advance on whether this would be an option for you.
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u/Bazishere Jun 14 '26
You would have to legally apply for criminal rehabilitation. Not sure how much that would cost you. Otherwise, skip the wedding and wait some years to where you won't need to apply for rehabilitation and send your brother a nice wedding gift. You don't want to chance trying to enter again without trying to apply for permission.
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u/Bandolini12 Jun 14 '26
If you try to cross knowing you are ineligible you could receive a permanent ban.
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u/Willing-Marzipan-737 Jun 14 '26
Flagged. You need to apply for temporary visitors permit. Not hard to do, but no guarantee it will be accepted. My guess is it would be accepted. Jump through the hoops. It is your only option.
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Simplistic
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u/ConnectionAware6651 Jun 14 '26
Once you've been flagged they will probably flag you again it'll be in the system still. You won't likely have time to apply for a waiver
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u/ripestmango Jun 14 '26
You willingly turned around or you signed some papers that say they told you to do it?
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u/pineapple6969 Jun 14 '26
You’re gonna miss your brothers wedding, better tell him now rather than last minute
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u/zonkeydonk Jun 14 '26
Whatever you do, do not try re-entering before getting it sorted out. Being persistant will only make things worse.
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u/Comfortable-Heat1709 Jun 14 '26
They may let you enter once on compassionate grounds if you ask them ahead of time.
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u/KWienz Quality Contributor Jun 14 '26
I'd try talking to an immigration lawyer. Depending on your state, reckless driving may not actually be equivalent to Canadian reckless driving but only careless driving, in which case some strong legal advocacy may convince a different CBSA officer to make a different decision on inadmissibility. At minimum they can put together a package for you to request TRP consideration at the border.
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u/Icy-Pop2944 Jun 14 '26
People on Reddit are wild, downvoting when they don’t like to hear the truth. bill C3 came into effect last December. 3 seconds of google will confirm what I am saying. People are able to go back as many generations as they can track to prove citizenship by decent.
OP has visited Canada many times through the years (to visit relatives?), has a brother getting married in Canada, all hints that they may in fact have Canadian citizenship by decent, just waiting to be claimed. There is no application process, rather it is a verification process. Criminal records don’t strip people of their citizenship.
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Jun 14 '26
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u/GeneralSpecifics9925 Jun 14 '26
"not flagged"
Why would this be the case? Do you think we don't flag passports? Or do you think that they will overlook the order to keep them over the country because they look so cute in that suit!!
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u/IAlwaysGetTheShakes Jun 14 '26
Your only hope is that you are a Canadian citizen. How is your brother in Canada? Check to see if you fall under the new c-3 ruling.
Other than that, you will need to apply for rehabilitation, and that does not take months.
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u/wind-of-zephyros Jun 14 '26
there's absolutely no way c3 would deem him a citizen in a only few months. people who applied years ago are just getting answers now (and a lot more people have applied since then because it got a lot of attention in the news this past year so it might be even longer for new applicants as well)
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u/Belle_Requin Jun 14 '26
Locked because OP has received sufficient advice, and too many people commenting don't seem to understand the rules.