Have you or anyone you know been refused entry at the Canadian border by an Immigration Officer?
Numerous individuals seeking to immigrate to Canada or planning to visit Canada every year, have been declined their entry or their visa application rejected based on inadmissibility. Having a good understanding of Canada’s Inadmissibility Criteria and how to overcome them is very important before entering the Canadian borders or if you are planning your next journey to Canada.
Here we would like to provide you with some valuable and detailed insights regarding Canada’s Inadmissibility Criterias and several ways in which you can overcome such an obstacle.
What is Inadmissibility to Canada about?
A person is who is not allowed to immigrate or come to Canada for reasons specified in the immigration is law is deemed inadmissible by Canadian authorities. Admissibility is one of many important factors that are always carefully assessed by a visa officer. A foreigner can be considered inadmissible to Canada if the person has past criminal convictions, criminal charges, an admissible family member, etc, or for financial reasons, health grounds, misrepresentation on the immigration application in the past, and so on.
By employing legal ways, one can overcome inadmissibility to Canada.
Who can be considered Inadmissible To Canada?
The following criteria dictate the grounds of inadmissibility for a foreigner/ other categories of persons.
1. Medical inadmissibility based on health grounds
If a person’s condition is likely to put a danger on public health or public safety or cause unnecessary demands on social or health services, then the person is considered to be inadmissible based on medical grounds.
2. Inadmissibility to Canada based on financial grounds
Applicants unable to or unwilling to support themselves financially or their family members may be deemed inadmissible to Canada based on financial grounds. Some programs entail the need for providing a specific amount of funds that an applicant must prove to get a Canadian temporary or permanent residence visa.
3. Criminally inadmissible for being convicted or for committing a crime in or outside Canada
A person can be declared inadmissible to Canada based on criminal grounds if the person has committed or was convicted of a minor or serious crime. This includes theft, assault, driving while under the influence of alcohol or drugs, dangerous driving, manslaughter, possession of or trafficking in drugs or controlled substances, smuggling of people, money laundering, organized criminal activity, etc.
Ways to overcome criminal inadmissibility include:
- Criminal rehabilitation
- The record of discharge or suspension in Canada
- Requesting for temporary resident permit of Canada
4. Misrepresentation
Giving false information, withholding information, or sending false documents related to the considered is fraud under Canada’s immigration law. Any such incident can make a person inadmissible to Canada for misrepresentation.
Refusal of applications, loss of visitor or permanent resident status, denial of entry, revocation of citizenship and prosecution, immigration ban to enter Canada for 5 years, removal from Canada, etc, can occur if misrepresentation occurs. Inadmissibility can be overcome if a misrepresentation was innocent and the applicants were not withholding material information purposefully.
5. Security reasons
For persons who are associated with terrorism or violence, espionage, subversion, or are part of an organization involved in such activities, then the person is deemed inadmissible based on security reasons.
6. International rights of human rights violations
Persons associated/ taking part in crimes against humanity, war crimes, subject to international sanctions are deemed inadmissible.
7. Failure to fulfill any provision of IRPA or having an inadmissible family member.
How can Inadmissibility be resolved?
Depending on whether the affected person is in Canada or not and also on the nature of inadmissibility, they could employ one or more of the below-mentioned options. None of the options may be available for some cases.
- Providing application for a Declaration of Relief under associated subsections of the IRPA for inadmissibility to Canada
- Requesting for permanent residency of Canada under the Humanitarian and Compassionate Considerations
- Waiting for five years, in case of inadmissibility due to misrepresentation
- Requesting for attendance for hearing at the Immigration Division (ID) of the Immigration Refugee Board of Canada (IRB)
- Appealing the decision of the ID at the Immigration Appeal Division of the IRB immigration officer
- Judicial Review filing with the Federal Court of Canada,
- To remove the inadmissibility forever, requesting Rehabilitation from the IRCC
- Requesting for a Temporary Resident Permit (TRP) to be able to stay or enter Canada despite the inadmissibility
Inadmissibility while in Canada
You could receive a removal order if you have become inadmissible while being in Canada. To rectify this issue you would require to fight for your right to stay in Canada by attending a hearing at the Immigration Division of the IRB. Accordingly, you can also attend an appeal hearing at the Immigration Appeal Division of IRP. If in case you lose the battle, you will receive a removal order. You may need to apply for an ARC in addition to addressing the underlying issue, depending on the nature of the removal.
If you believe you are admissible, what can you do?
A Procedural Fairness Letter (PFL) will be sent to you if you are deemed inadmissible by the visa officer. You can take this moment to resolve the problem. If you strongly believe that you are admissible you would need to provide convincing documents to the officer. If in case the officer refuses your application, you may need to consider filing a Judicial Review (JR) and would need the assistance of a lawyer to file for the JR via the Federal Court. Another immigration office will review your inadmissibility if you win your case.
Get expert advice
Inadmissibility is a very complex issue and in most cases, there would be a necessity for professional guidance. Experts consultants in the field can take care of your situation and guide you in the best way to resolve your matter at the earliest.
Get in touch with the best Immigration Lawyers in Canada to resolve all your queries and issues concerning Canada’s Inadmissibility. Because with the help of an experienced immigration lawyer you can go through a smooth and fast Canadian immigration process.
