Working and Studying in Canada with Inadmissibility

I Want to Work or Study in Canada but I am Inadmissible

Oftentimes, individuals think if they are not allowed to visit Canada, there is no way they would be allowed to work or study in Canada, but this is not the case. If you want to work or study in Canada but are currently inadmissible, do not immediately give up your hope and think entering Canada is impossible. Throughout this blog, you may learn relevant information and gain an understanding about how you can work or study in Canada with inadmissibility.

How Can I Work or Study if I am Inadmissible

If you’re applying to work in Canada as a temporary foreign worker, this means you will need a work permit. If you are applying to study in Canada, then you will need a study permit. Regardless of the type of permit you apply for, you cannot even enter Canada if you are an inadmissible traveler who has not addressed their inadmissibility yet. A work permit is just like a study permit; they are documents which allow you to do certain things while you are in Canada. However, work permits and study permits do not allow you to enter Canada when you have inadmissibility. To be clear, if you are from a non-visa exempt country, you will need to apply for a temporary resident visa before you can come to Canada on a work permit. If you are from a visa-exempt country, you will most likely need an eTA before you will be allowed to board your flight to Canada, though, you do not need any visa to allow you to enter the country so that you can begin to work. In other words, if you are not already permitted to enter Canada without documents other than the necessary travel documents, you will need to obtain permission to be in Canada before you can enter Canada to work. Now, if you are an inadmissible traveller, you will need to obtain a temporary resident permit or apply for criminal rehabilitation to overcome your status as inadmissible. By doing so, you will then have the chance of being admitted into Canada with the necessary documents. Though, as with any individual who is inadmissible to Canada but wishes to enter on a temporary basis, you can overcome your inadmissibility to work or study in Canada with either of these options. Being criminally inadmissible does not necessarily deny your opportunity to work or study in Canada.

How can I work and study in Canada after I apply for my Temporary Resident Permit

You must have a temporary resident permit which is valid for a minimum of 6 months to be allowed to work in Canada while you are here. Oftentimes, a temporary resident permit is only approved for a specific period of time. Therefore, if you claim you need to come for a period of less than 6 months and your temporary resident permit is only granted for that length of time, you cannot apply for a work permit. You are only permitted to be in Canada for the length of time the TRP is valid. Once the TRP expires, you must leave Canada immediately. Alternatively, you may apply to renew the permit before your valid temporary resident permit expires. If you do this successfully, you are permitted to stay in Canada until the application is processed. This is called the implied status.

How Do I Apply for Criminal Rehabilitation

Canadian Criminal Rehabilitation can be a tricky matter, as there are two forms of it.

For deemed rehabilitation, the crime on your record must be the only one and must be a crime, if committed in Canada, would result in a penalty with a maximum prison sentence of less than 10 years. If this is the case for you, then you will automatically receive deemed rehabilitation 10 years after completing all the required sentences.

Individual rehabilitation, compared to deemed rehabilitation, is a bit more complicated. Eligible applicants must apply for this form of rehabilitation; it cannot be automatically granted. In order to be eligible to apply for individual rehabilitation, 5 years must have passed since the completion of your sentences. You must include court dockets detailing the circumstances of all your offences in your application. You are also required to provide fingerprint-based background checks. Apart from the documents related to your offence and your criminal record, you must also demonstrate your remorse and regret in your application. That being said, you will need to provide strong evidence to persuade an immigration officer that you have matured into a productive, law-abiding citizen, and you have not committed any further offence since your latest offence.

Contact Akrami and Associates

If you are inadmissible to Canada, but you wish to study/work in Canada, you have a chance to do so.  You’ll need to prepare a comprehensive application to ensure Canadian immigration officers approve your entry to Canada. However, preparing for the application can be overwhelming and exhausting. Furthermore, if you’re thinking about applying for a work or study permit, it is important to have a good understanding of what is required for your application. Therefore, it is highly recommended that you seek out professional assistance before attempting to apply. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients renew, extend, and change their study permits. 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!!