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.
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:
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.
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:
Criminal Rehabilitation
To be eligible for Criminal Rehabilitation, the applicant must show the following:
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.
Deemed Rehabilitated
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.
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!
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