Overcoming Inadmissibility To Enter Canada
Overcoming Inadmissibility in Canada
Canada maintains rigorous standards to ensure the safety and protection of the country and its residents, resulting in high inadmissibility rates. Those seeking to come to Canada are subject to stringent criminal background checks and those seeking to stay for a long period or become permanent residents must undergo thorough medical examinations before entering Canada.
Applications from individuals seeking to enter Canada to live permanently, to work, to study, or to just visit are carefully reviewed by officers to determine if the person who has made the application falls within any of the inadmissible sections of the Immigration and Refugee Protection Act.
Inadmissible Sections Of The Immigration and Refugee Act
Sections 34 to 42 of the Immigration and Refugee Protection Act list the grounds under which a person may be found inadmissible to enter or remain in Canada. There are several grounds for inadmissibility, but the most common are those having to do with criminality and medical issues.
- Security ground: This ground covers involvement in espionage, subversion, violence, or terrorism.
- Human or International Rights Violations: This includes involvement in war crimes, crimes against humanity, or being a senior official in a government engaged in gross human rights violations or subject to international sanctions.
- Serious Criminality: This ground covers crimes punished in Canada by a maximum prison term of at least 10 years or receiving a sentence in Canada of more than six months.
- Criminality: This ground covers less serious crimes generally punished in Canada by up to 10 years of imprisonment or committing two or more crimes outside of Canada that, if committed in Canada, would constitute an offense.
- Organized Criminality: This ground includes involvement in organized crime such as people smuggling, human trafficking, or money laundering.
- Health Grounds: This refers to medical conditions that might pose a risk to public health, or public safety, or impose a heavy burden on Canadian health and social services. The latter is a matter of concern because all persons who become permanent residents have immediate access to publicly funded healthcare and social services.
- Financial Reasons: Not having sufficient financial resources to support oneself or dependents after arriving in Canada.
- Misrepresentation: Providing false information or withholding material information related to a relevant matter that could induce an error in the decision-making process.
- Non-compliance with IRPA (Immigration and Refugee Protection Act): Not complying with the provisions of the Act, like overstaying a visa.
- Inadmissible Family Member: Having a family member who is inadmissible can also render the principal applicant inadmissible, even if the family member isn’t accompanying.
Being found inadmissible does not always mean the end. Some legal options might help you to overcome inadmissibility and ultimately be allowed to enter or remain in Canada. Let’s review some of those legal options to overcome inadmissibility.
Options To Overcome Inadmissibility
- Temporary Resident Permit (TRP): A TRP is a solution that can grant temporary access to someone who is currently inadmissible to Canada. Subsection 24 (1) of the Immigration and Refugee Protection Act provides broad discretion to the immigration officer to allow an inadmissible person to enter Canada temporarily. A TRP allows individuals who are inadmissible, or who do not meet the general requirements of the Immigration and Refugee Protection Act (IRPA), to temporarily enter Canada. It’s evaluated on a case-by-case basis, balancing the need for the individual applying to come to Canada against any potential health or safety risks.
- Criminal Rehabilitation: Individuals with criminal inadmissibility can apply for rehabilitation after a certain period (usually 5 or 10 years) following the completion of their sentence. If approved, their inadmissibility is permanently resolved. If an individual receives approval for criminal rehabilitation, they are no longer considered inadmissible and would not require a TRP for entry.
- Deemed Rehabilitation: Depending on the nature of the offence and the time passed since the completion of the sentence, an individual might automatically be considered rehabilitated. This typically applies for non-serious crimes and if at least ten years have passed since the sentence was fully completed.
- Authorization to Return to Canada (ARC): Those removed from Canada may need an ARC to return, depending on the type of removal order they received. If compelling reasons exist to return to Canada, an individual previously removed from Canada may apply for ARC to be allowed to return.
- Humanitarian and Compassionate (H&C) Consideration: In some cases, individuals can appeal for consideration based on humanitarian and compassionate reasons if they believe the enforcement of regular immigration stipulations might result in undue hardship.
- Medical Inadmissibility Solutions: For medical inadmissibility, presenting a mitigation plan or evidence that demonstrates the condition won’t overly burden Canadian health or social services can help an individual overcome medical inadmissibility.
If you want to make Canada home, visit here, or are uncertain or confused about how to overcome an inadmissibility call us today to schedule a consultation with us.
Kahane Law Office Is Ready To Assist You
Canada has strict standards to allow individuals into its borders, however, Canada also provides options to overcome inadmissibility. If you are affected by inadmissibility or are facing an inadmissibility challenge, our immigration team will be pleased to analyze your unique situation and provide strategic advice, and direction to overcome the inadmissibility and assist you in entering Canada.
The content of this article is provided for general information purposes only and does not constitute specific legal or professional advice of any kind.