Before you take your first steps across the border, it is essential to understand Canada’s Inadmissibility Issues policies. Inadmissibility means you may be denied entry into Canada if you do not meet certain criteria. There are several reasons why an individual may face Inadmissibility Issues, such as medical, criminal inadmissibility, or misrepresentation.
If you have a communicable disease or mental disorder that could endanger public safety or be a danger to the health of Canadians or place an excessive demand on Canada’s social or health services, you would be deemed medically inadmissible. These Inadmissibility Issues include communicable diseases such as HIV or tuberculosis, mental disorders, and physical or developmental disabilities.
Criminal Inadmissibility Issues apply if you have committed an act outside Canada that would constitute an indictable offence had it been committed in Canada or been convicted of a crime inside Canada. To be deemed criminally inadmissible, there must be evidence that you have committed an offence outside of Canada or failed to comply with the conditions of a sentence imposed by a foreign judicial body. This includes those convicted of a crime, charged with one but not yet tried, or admitted guilt but were not convicted.
Misrepresentation is one of the most common Inadmissibility Issues and occurs when the information provided on your visa application is false, misleading, or incomplete.
A TRP allows individuals to enter Canada temporarily despite their Inadmissibility Issues and is issued on a case-by-case basis. If you are deemed inadmissible for medical reasons, you might be eligible to apply for a Temporary Resident Permit (TRP).
For those facing Inadmissibility Issues due to past criminal activity, there is an opportunity for Rehabilitation. To become eligible, applicants must prove they are unlikely to commit an offence during their intended stay in Canada. This includes proof of rehabilitation efforts such as participating in a treatment program or making restitution for their crimes. Once approved, applicants may be issued a Temporary Resident Permit (TRP), which allows them to stay in Canada for up to three years. After this period, they may be eligible to apply for permanent residency. Criminal Rehabilitation removes criminal inadmissibility and helps resolve Inadmissibility Issues permanently.
There are several ways to address Inadmissibility Issues, depending on the individual’s circumstances. Applicants may be eligible for a ministerial relief waiver or a humanitarian and compassionate application if they meet certain criteria. A ministerial relief waiver allows an individual deemed inadmissible to Canada due to their criminal record, medical condition, or past misrepresentation to overcome their Inadmissibility Issues.
Alternatively, an individual may apply for a Humanitarian and Compassionate (H&C) application if they can demonstrate that their exclusion from Canada would cause exceptional, undeserved hardship for them or their family members. Furthermore, individuals may also be able to appeal an unfavourable decision to the Immigration Appeal Division of the Immigration and Refugee Board of Canada.
Several programs are available for those with criminal convictions to help them overcome their Inadmissibility Issues. These include the Temporary Resident Permit (TRP), the Rehabilitation Program, and the Humanitarian and Compassionate Considerations program.
Book a consultation with our experienced immigration consultants to discuss your situation and know how they could work on your file.