U.S citizen denied entry at Canadian border

[Kamiste2]

Hi guys,

My friend, who is a US citizen, recently got denied entry to Canada while attempting to flagpole at the border. He had been in Canada for about a year but never spent more than 6 consecutive months without leaving the country (he travels out of the country for a short period before reaching the 6 months limit). He has health issues (bipolar, epilepsy, 2 strokes) and travels to Canada so his sister (a Canadian citizen) could look after him while he is seeking for a long-term solution to immigrate Canada on humanitarian grounds.

The border officer initially wanted to admit him on the condition that he provided proof of medical insurance and a return ticket to the US (his ex-wife's family resides in Georgia), which he didn't have on him at the time. After denying the entry, the officer said that he could attempt entering Canada again, though not in the foreseeable future, and provided that he has proper means to justify that he would only stay in Canada for a short period.

Could you please help in answering the following questions:
- Where can he find more information regarding the reason for his denial or the options to appeal the decision? Can a third party get access to this information? No documents were provided to him at the border.
- Can he attempt to travel back to Canada without applying for a TRV? If so, are there any other documents that could help his readmission (apart from the return ticket & proof of medical insurance).
- How long should he wait before travelling again/applying for a TRV?

Many Thanks

AN

 

[scylla]

Hi guys,

My friend, who is a US citizen, recently got denied entry to Canada while attempting to flagpole at the border. He had been in Canada for about a year but never spent more than 6 consecutive months without leaving the country (he travels out of the country for a short period before reaching the 6 months limit). He has health issues (bipolar, epilepsy, 2 strokes) and travels to Canada so his sister (a Canadian citizen) could look after him while he is seeking for a long-term solution to immigrate Canada on humanitarian grounds.

The border officer initially wanted to admit him on the condition that he provided proof of medical insurance and a return ticket to the US (his ex-wife's family resides in Georgia), which he didn't have on him at the time. After denying the entry, the officer said that he could attempt entering Canada again, though not in the foreseeable future, and provided that he has proper means to justify that he would only stay in Canada for a short period.

Could you please help in answering the following questions:
- Where can he find more information regarding the reason for his denial or the options to appeal the decision? Can a third party get access to this information? No documents were provided to him at the border.
- Can he attempt to travel back to Canada without applying for a TRV? If so, are there any other documents that could help his readmission (apart from the return ticket & proof of medical insurance).
- How long should he wait before travelling again/applying for a TRV?

Many Thanks

AN

IMO it is easy to guess why he was refused. He's been using visitor status to effectively live in Canada. This isn't what visitor status is for. This is an abuse of the visitor status priviledge from CBSA's standpoint.

A TRV won't help him. First of all, he doesn't need a TRV to enter Canada. He can enter based on his passport alone. Secondly, a TRV doesn't guarantee entry and he'll still face the same challenges he does now. If he tries to apply for a TRV, IRCC will say he doesn't need one and will cancel the application.

He should remain outside of Canada for at least 3-4 months before attempting to re-enter (more would be better). When he attempts to re-enter, it should be for a short visit of a couple of weeks or less. He should be able to show ties to the US such as property ownership / rental and employment.

 

[scylla]

Hi guys,

My friend, who is a US citizen, recently got denied entry to Canada while attempting to flagpole at the border. He had been in Canada for about a year but never spent more than 6 consecutive months without leaving the country (he travels out of the country for a short period before reaching the 6 months limit). He has health issues (bipolar, epilepsy, 2 strokes) and travels to Canada so his sister (a Canadian citizen) could look after him while he is seeking for a long-term solution to immigrate Canada on humanitarian grounds.

The border officer initially wanted to admit him on the condition that he provided proof of medical insurance and a return ticket to the US (his ex-wife's family resides in Georgia), which he didn't have on him at the time. After denying the entry, the officer said that he could attempt entering Canada again, though not in the foreseeable future, and provided that he has proper means to justify that he would only stay in Canada for a short period.

Could you please help in answering the following questions:
- Where can he find more information regarding the reason for his denial or the options to appeal the decision? Can a third party get access to this information? No documents were provided to him at the border.
- Can he attempt to travel back to Canada without applying for a TRV? If so, are there any other documents that could help his readmission (apart from the return ticket & proof of medical insurance).
- How long should he wait before travelling again/applying for a TRV?

Many Thanks

AN

Just to clarify, have they already submitted an H&C application? I'm not sure what you mean by "seeking for a long-term solution to immigrate Canada on humanitarian grounds"

 

[canuck78]

Would add that he should provide proof of travel health insurance (that would cover mental health which may be impossible or very expensive) along with proof of employment and or enough funds to support his travels and a place to live (lease). US citizens can be denied entry for various reasons but most common are not enough funds to support themselves while in Canada and no proof of ties to show they are only visiting Canada. The fact that he has essentially been living in Canada was bound to end badly at a certain point. The fact that he has serious mental health and other health issues is just another reason for Canada to deny him entry. It could place demands on our healthcare system and he doesn’t have insurance that would cover any medical intervention and there isn’t any extra capacity in the system to begin with so Canada can deny people entry for health reasons.

Just an FYI he wasn’t flagpoling since he doesn’t have status in Canada. He was trying to extend his visit to Canada by exiting and quickly reentering.