Criminal Rehabilitation

Understanding Different Types of Inadmissibility

Understand the Term Inadmissibility

There are many reasons that may cause an individual to be denied entry to Canada. You failure to enter Canada is due to your “inadmissibility”. Inadmissibility occurs because the individual, who has been denied entry, may possess security, financial, and/or health threat to Canada.  In order to ensure the security of every Canadian citizen and permanent resident, the immigration officers are vigilant, when it comes to accessing foreign nationals’ admissibility. In this article, you will gain knowledge about three types of inadmissibility, so you may be fully aware of your circumstances prior to attempting to enter Canada.

Criminal Inadmissibility – Security

This is the most common type of inadmissibility. If an immigration officer detects you possess security threat to Canada, Canadian citizens, and permanent residents, you are inadmissible.  Some examples of criminal inadmissibility include:

  • you were convicted of a criminal offence within Canada
  • you convicted of a criminal offence outside of Canada that is also considered a crime within Canada
  • you committed an act outside of Canada that is considered a crime under the laws of the country where the crime occurred and would, as a result, also be punishable under Canadian law.
  • You committed espionage, violence, or acts of terrorism
  • You attempted to overthrow the government, and/or being a part of groups associated with a coup d’état.

In order to prove you are not a security threat to Canada, Canadian citizens, and Canadian permanent residents, an essential part of your application process would definitely be the police clearance certificate. This is an official document which indicates your all of your offences. In some cases, you may use police clearance certificate to demonstrate you do not have any criminal records as well. From the police clearance certificate, a foreign national’s visa application can possibility either be denied or accepted, depending on the subject matter pertaining to one’s criminal background. There are other documents that may be interchangeable with a police clearance certificate. The documents can be good conduct certificates, judicial record extracts, and many more. On the other hand, U.S. citizens and U.S. permanent residents, who are applying for a temporary resident permit and criminal rehabilitation, will need to obtain criminal background checks from the states in which they have lived since the age of eighteen for over six months.  Any individual failing to comply with the requirements for immigration or who do not meet immigration officer standards can jeopardize and even lose their ability to enter Canada.

Medical Inadmissibility

Health issues may make one inadmissible to Canada as well. If the traveler’s health condition is likely to pose a threat to public health or public safety, or cause excessive demands on health or social services, he or she is going to be inadmissible.

In order to ensure you will not bring any diseases to Canada, you need to provide proof of medical examinations. Immigration officials are highly protective and strict in these matters, as they try to heavily discourage those trying to enter Canada with terminal or infectious diseases that could threaten the overall health conditions of all Canada citizens and permanent residents. If you cannot provide a medical examination proof as per requested, or fail the medical examination, you will be inadmissible to Canada.  On the other hand, having a health condition that contributes to high demands on Canadian social and health services constitutes medical inadmissibility as well. Although there are many medical reasons to be seen as inadmissible to Canada, there are some exceptions to these factors. These include those travelling to Canada for less than 6 months and those under the family class spousal sponsorships, dependent children, common-law partner, convention refugees, or protected persons.

Financial Inadmissibility

You could be denied entry if you fail to meet the financial requirements set by the Canadian government. This refers to foreign nationals who are unable to support themselves and their family members financially. Financial support is very important in cases especially pertaining to immigration to another country, as you need to prove your ability to sustain yourself and/or your family in Canada. The way to prove your financial ability is to provide a job offer letter, an employment letter, and/or your taxes filed.

Entering Canada with Inadmissibility

You certainly can enter Canada with inadmissibility, but you will need to undergo certain procedures to obtain official permission for your entry to Canada. If you possess medical or financial  inadmissibility and meet the requirements, you can apply for a temporary resident permit. If you possess criminal inadmissibility, you can apply for either a temporary resident permit or criminal rehabilitation, should you be eligible.

Contact Akrami & Associates

The rules set by the Canadian government are very strict when it comes to inadmissibility. Having to prepare all the required documents can very confusing and exhausting. If you would like to apply for a temporary resident permit or criminal rehabilitation, it is essential to note that this type of application is difficult to pursue on your own. Therefore, it is highly recommended that you seek out professional and experienced help prior to submitting the application. Akrami & Associates work and have experience with many different immigration matters. We have helped many of our clients create strong Temporary Resident Permit and Criminal Rehabilitation applications. Please feel free to contact Akrami & Associates at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!

 

Shabnam Akrami

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