Immigration Lawyer

Inadmissibility Cases

Immigration Lawyer

Inadmissibility Cases

As a foreign national, you can be inadmissible to Canada due to a variety of reasons. One can be held inadmissible even though they may possess a valid permanent residence card or a visa.

Inadmissibility refers to a situation where a person is not allowed to enter or remain in Canada due to specific reasons outlined in Canadian immigration laws. If you are found inadmissible, you may be denied a visa, refused entry at the border, or even removed from Canada.

What are the grounds of inadmissibility?

If you are held inadmissible under any of the following reasons, then you will not be allowed to enter or remain in Canada. These are as follows

1. Serious crime

Conviction of a serious offense under Canadian or foreign laws.
Crimes punishable by a maximum sentence of 10 years or more.
Crimes committed within Canada resulting in a sentence of 6 months or more.

2. Driving under Influence (DUI)

In Canada, DUI is considered as a serious offense, including impaired driving. DUI can lead to inadmissibility if:

Convicted of driving with a blood alcohol content (BAC) over the legal limit of 0.08% per 100 ml of blood.
The DUI resulted in an accident-causing injury.
The offense involved drug-impaired driving.

3. Criminality

If you are convicted of crimes like a summary offense, which is less serious, such as simple assault or theft.
If you have committed any crime outside of Canada that is considered a crime in Canada.
Even if you don’t have any criminal records, any activity found to be of criminal behavior can be sufficient evidence to hold you inadmissible.

4. Organized Crime

If you have been involved or associated with organized crime, then you will be held inadmissible. The activities include:

Drug trafficking in a group
Human Trafficking
Engage in organized scams and frauds.

5. Arrest and non-convictions

Even if you were not convicted, being arrested or charged for behavior considered criminal in Canada can lead to inadmissibility.
If there is evidence indicating the behavior constitutes a serious crime in Canada

6. Criminal Acts committed as a minor

As a minor, any crime committed is treated differently. However, if the crime is serious in nature, it can result in inadmissibility, depending on the specifics of the offense.

7. Medical Inadmissibility

If you possess a threat to public safety
A danger to public health
If you might cause huge demand for the health and social services in Canada

8. Misrepresentation

If you hide any important information regarding yourself or provide false information during your immigration application

9. Financial grounds

If you are not able to financially support yourself or your family members while you are living in Canada.

10. For Security Reasons

You are suspected to be part of terrorism.
Espionage
Or pose a threat to Canadian security

How can inadmissibility be determined?

Inadmissibility is determined by immigration officers and the Immigration and Refugee Board (IRB). The situations where inadmissibility is determined are:

At a port of entry: When a foreign national arrives at the port, the immigration officers evaluate if there is any inadmissibility based on the criminal records, documents, and health status.
At the Visa office: While processing the visa application, inadmissibility can be determined by the Canadian embassy in viewing the applicant’s eligibility.
Temporary Visa Holders: If someone with a temporary visa violates visa conditions or if any new information is received.
Permanent Residents:If a permanent resident commits any crime, violates any immigration rules and regulations, or fails to meet residency obligations.

It is to be noted that whether you are temporary resident or Permanent resident, rules related to inadmissibility still apply, unless you are a Canadian citizen.

Legal solutions for inadmissibility

Criminal rehabilitation

If you are eligible, you can apply for criminal rehabilitation if you are eligible, and enough time has passed. This will remove the inadmissibility permanently.

Temporary Resident Permit (TRP)

If you are inadmissible, you can still enter Canda for a certain period by applying for TRP with a valid reason.

Medical Inadmissibility Waivers

If you have medical inadmissibility, you can enter Canada by providing

Documentation and letters from doctors or healthcare providers explain how healthcare and treatment will have a positive impact.
Medical reports by doctors stating details about your condition
Plans of Public Health Management stating management of your medical condition without causing strain on the health services.

How can our immigration lawyers help?

At Nanda & Associate Lawyers, our dedicated team of immigration lawyers specializes in handling complex inadmissibility cases. Understanding and addressing inadmissibility issues can be challenging, but we provide effective legal strategies to identify the best course of action for a positive outcome. For a smooth, hassle-free application process, contact us today at 905-405-0199!

Frequently Asked Questions

How to avoid medical inadmissibility?

You must provide clear details about your health condition. It is important that you disclose your complete medical history. If you have medical issues, then provide reports from doctors that state about the well-management of your health condition. Submitting health management plans can benefit you as it will provide an insight into how your medical condition will be handled.

What documents are required to remove inadmissibility?

The documents required will depend on the grounds for the inadmissibility. Generally, it includes a police clearance certificate related to any past criminal record. Court records, if you have any. For medical inadmissibility, you need to provide reports showing the details of your condition and how you are going to manage it. TRP application if you seek permission to enter Canada, with an explanation and supporting document of your situation. Character certificates and affidavits can be provided by employers, family members, or community leaders.

What to do if the inadmissibility application is denied?

You can request a reconsideration of your application by the immigration officer who handled your case. Additionally, you may apply for a judicial review with the Federal Court of Canada. If new evidence or changes arise, you can reapply with stronger documentation to support your case.

Will I be able to enter Canada having a past criminal record?

Yes, you may be able to enter Canada with a past criminal record, but it depends on the nature of the offense, when it occurred, and the circumstances surrounding it. In case you are not able to enter Canada due to your inadmissibility, you can apply for criminal rehabilitation or a temporary resident permit (TRP) to address the inadmissibility.