Inadmissibility

What Are Your Options to Come to Canada?

Many people who wish to immigrate or enter Canada face criminal or other kinds of inadmissibility when applying for a visa. Their prior criminal records can be the reason why Canadian Immigration Officers may refuse entry or visa applications. If you are facing a problem of criminal inadmissibility or you may be inadmissible to enter Canada for other reasons, know that there are still options. You can contact us, and we’ll present the best options for your case. Before that, take a look at more information about inadmissibility. 

What Does It Mean to Be Inadmissible?

When someone isn’t allowed to enter Canada, they’re considered “inadmissible”. Therefore, under Canada’s immigration law, the Immigration Officer will decide if they will let someone in the country once they apply for a visa or an Electronic Travel Authorization (eTA) or when that person arrives at the port of entry. There are different reasons someone can’t get into the country, such as security, medical, and criminal reasons. 

Here is the list of inadmissibility reasons:  

1. Security reasons;

2. Human or international rights violation

3. Committing a crime, including driving while under the influence of drugs or alcohol (ex. DUI driving under the influence);

4. Organizes crimes; 

5. Having an inadmissible family member;

6. Financial reasons; 

7. Misrepresentation; 

8. Medical reasons; 

9. Failure to comply with any provision of Immigration and Refugee Protection Act. 

Who is Affected by Inadmissibility to Canada? 

A broad range of people can be affected by the inadmissibility to Canada. However, some individuals can be affected more because of their work or personal situation, such as: 

• Airline staff, 
• Performing artists, 
• Those who want to go on fishing or hunting tours through      Canada, 
• People engaged in cross-border trade, 
• Those traveling to or from Alaska, 
• People who are in transit through Canada, 
• Those who committed or have been charged with a crime in Canada.

Ways to Overcome Inadmissibility

There are three main methods to overcome criminal inadmissibility: 

1- Submit a Temporary Resident Permit (TRP) Application, which can be a solution for anyone currently inadmissible to Canada. It can be granted for staying up to three years. 

2- Submit a Criminal Rehabilitation Application if more than 5 years have passed the Canadian Government offers to those eligible for permanent clearance of prior criminal history. After a person receives approval for criminal rehabilitation, they are not inadmissible anymore, so they don’t need TRP for entry. 

For deemed rehabilitation a least 10 years must have passes since completing all    imposed sentences for a conviction.

3- Submit record suspension

To overcome misrepresentation (inadmissibility to Canada for 5 years) it is possible to respond to Procedural Fairness letter or to file a Judicial Review.

If you’re facing inadmissibility to Canada such us medical, criminal, misrepresentation  and looking for a way to overcome inadmissibility to enter Canada, you should book an appointment with us.