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Inadmissibility

Inadmissibility

Canada is always welcoming millions of people around the world in various categories such as visitors, students, immigrants, and foreign workers. Every person has to go through the admissibility requirement set out in the Canadian immigration law before they enter Canada. Many times, people planning to come to Canada find their applications or entry refused by the Canadian Immigration Officer because of the inadmissibility set out under Immigration and Refugee Protection Act (IRPA).

There are five grounds of inadmissibility however most common types of inadmissibility objection rejected by the Immigration officers are Criminal Inadmissibility and Medical Inadmissibility. One other important reason for most of the applications are denied is due to Misrepresentation.  It is considered to be a serious crime if you submit fraudulent documents or provide false information to Immigration Canada which in result your application may be denied and you may be banned to enter Canada for 5 years.

Criminal Inadmissibility

Under Canadian Immigration law you may be inadmissible to Canada if you have been convicted of a criminal offence. Reasons you may be found inadmissible include:

  • Conviction of a criminal offence within Canada
  • Conviction of an offence outside Canada that has a Canadian criminal equivalent
  • Have committed an act outside Canada that would be considered a criminal offence under Canadian laws

If you are found inadmissible due to criminal inadmissibility you can be denied a visa, even if you are currently residing in Canada on a temporary visa, or denied admission at your port of entry. If you have been convicted of a criminal offence or participated in illegal activity, there are steps that you can take to overcome your inadmissibility. The most common grounds of criminal inadmissibility are:

  • Driving under influence
  • Driving under drug possession
  • Assault
  • Human rights violations
  • Organized crime
  • Serious criminality
  • Reckless driving

How to Overcome Criminal Inadmissibility?

If you have faced the situation of criminal inadmissibility, you can explore a number of ways to overcome the obstacle:

  • Rehabilitation
  • Legal Opinion Letter
  • Temporary Resident Permit

Rehabilitation

Rehabilitation is a type of application submitted to Immigration, Refugees, and Citizenship Canada to overcome the obstacle of criminal inadmissibility. This application is only a one-time solution that doesn’t require renewal like TRP.

There are two types of rehabilitation:

  • Deemed Rehabilitation: If you are considered inadmissible due to a non-serious conviction, you are eligible to be deemed rehabilitated. Deemed rehabilitation is automatically granted 10 years after you complete your sentence for non-serious criminality. If you think you qualify for it, you must gather all the documents related to the conviction when you visit Canada.
  • Individual Rehabilitation: 5 years after your sentence has been completed, you can apply for individual criminal rehabilitation. You will have it fill an application and support it with all the documentation to prove your eligibility for criminal rehabilitation.

If the inadmissibility is because of crimes done in Canada, criminal rehabilitation cannot be a solution. It will require record suspension from the Parole Board of Canada.

What is a Legal Opinion Letter?

The expertise and knowledge of a specialized Canadian immigration attorney may help you in dealing with inadmissibility issues. A legal opinion letter is a letter from such an attorney that may help prove that you are not criminally inadmissible. This letter must be submitted to an immigration officer.

Temporary Resident Permit

A Temporary Resident Permit may be issued if you have a valid reason to enter Canada but have a criminal conviction that would otherwise render you inadmissible. A TRP may be issued if:

  • You need to visit or stay in Canada is greater than the potential risk you may pose
  • You have demonstrated a justified need to enter Canada

Medical Inadmissibility

A medical examination is required for everyone including the dependents who participate in the immigration process. An individual can be considered medically inadmissible if they have a condition that can be a serious threat to the safety or health of the Canadian public. An immigration officer may also determine that there is a chance that a person can cause excessive demand on the public-funded Canadian health and social services.

A Procedural Fairness Letter is issued by Immigration Canada which explains the reason why you are medical inadmissible. You have 90 days to respond to this letter providing evidence of how your medical condition is cured. For instance, you have received treatment or your medical condition has been improved, your doctor has changed your medication.

Immigration to Canada may sometimes be a long and complicated process. Milaap Immigration Services make your journey an easy ride because with the help of experienced and specialized Canadian Immigration consultants you may steer clear of the obstacles. We care deeply about the issues of our clients who want to immigrate to Canada.

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