What is “Inadmissibility”
In order to protect the overall security and safety of Canadian citizens and permanent residents, Canadian border officers are vigilant when it comes to admitting foreign travelers to Canada. A lot of times, individuals may be denied entry to Canada, due to various reasons. You fail to enter Canada, because you have “inadmissibility”. Inadmissibility occurs because the individual may possess security, financial, and/or health threat to Canada. Not only that, an individual can have inadmissibility because he or she has misrepresented information to Immigration, Refugees, and Citizenship Canada. In short, an individual may be inadmissible to Canada due to a variety of reasons. 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
If an immigration officer finds you to be a 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.
If an immigration officer finds you to have a health condition that is likely going to threaten public health or public safety, or cause excessive demands on health or social services, then you are inadmissible. In other words, the Canadian government tries to prevent foreign travelers with terminal or infectious diseases, in order to protect the overall health conditions of all Canada citizens and permanent residents.
If the immigration officer detects that you are unable to support yourself or your family members, you can be inadmissible. Financial support is very important to immigration, as you need to prove your ability to sustain yourself and/or your family in Canada.
As previously stated, an individual can be inadmissible to Canada if he or she misrepresents information that is directly related to decisions made under the Immigration and Refugee Protection Act (IRPA). Failure to comply with the IRPA can also make one inadmissible. For example, if the IRPA required you to attend an interview with an immigration officer, but you did not attend the interview, you could be inadmissible to Canada. Last but not least, if you have a family member who inadmissible, you can automatically be inadmissible as well.
How to Overcome 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. There are four ways to overcome your inadmissibility:
Temporary Resident Permit
Temporary Resident permit is a “travel document” that temporarily overcomes your inadmissibility and grants you entry to Canada for a specific period of time. When an officer is assessing a temporary resident permit application, the officer will evaluate the “risk vs. need.” This means that the officer will consider whether or not your risk of imposing threat to Canada and Canadian citizens will outweigh your need to enter Canada. The officer will examine the following factors to ensure your chance of committing a criminal offence is minimal and your need to enter Canada is justifiable:
- The seriousness of the offence;
- The chances of successful settlement without committing further offences;
- Behavioural factors involved (drugs, alcohol);
- Evidence that you have reformed or are rehabilitated;
- Pattern of criminal behaviour;
- Completion of all sentences, fines paid or restitution made;
- Outstanding criminal charges;
- Restriction of travel following probation or parole;
- Eligibility for rehabilitation or a pardon;
- Time elapsed since the offence occurred;
- Controversy or risk caused by presence of the person in Canada.
To be eligible for Criminal Rehabilitation, the applicant must show the following:
- 5 years must have passed since the completion of the sentence (fine, jail term, community service etc.)
- Have not reoffended since the offense and/or the completion of the sentence
- Not a threat to Canada, Canadian citizens, and Canadian Permanent Residents
- The need of entry outweighs the risk
- remorse and regret
- the unlikelihood to re-offend
If the applicant has multiple offences on record, the applicant may potentially have to wait 10 year to be eligible to apply. Keep in mind the eligibility is based the severity of the offense on record and how many offences the person has on record.
A Criminal Rehabilitation application must be submitted at a Canadian Consulate. It usually takes approximately a year to get a decision from the consulate. However, everyone has a different circumstance; therefore, the processing time is different for every applicant.
For deemed rehabilitation, ten years must have elapsed since you completed your sentence. However, you must also not have reoffended since your offense and/or the completion of your sentence. It is important to note that, the nature of your offense also is taken into consideration, when an officer is examining your eligibility for deemed rehabilitation.
Apply for a Record Suspension
If you have been convicted in Canada, you may eliminate your inadmissibility by applying for a record suspension.
If you have a record suspension or a discharge for your conviction in another country, the validity of that foreign record suspension will be based on the discretion of the visa office that serves the country or region where you live.
Contact Akrami & Associates
As previously mentioned, Canadian government is very strict when it comes to assessing foreign travelers’ inadmissibility. In order to compile a strong a temporary resident permit or criminal rehabilitation application, you will need to prepare for the correct documents. However, having to prepare all the required documents can very confusing and exhausting. It is also 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!