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How to overcome inadmissibility to Canada

Posted July 17, 2022 at 8:00 am EDT

  • admissibility, criminal, criminal inadmissibility, criminal rehabilitation, DUI, inadmissibility, legal opinion letter, medical inadmissibility, Temporary resident permit, trp, visit

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Canada welcomes millions of visitors, tourists, workers, students and immigrants every year. Nonetheless, Canada has eligibility requirements that every foreigner must meet before being allowed to enter the country. These requirements include passing a criminal background check and undergoing medical evaluations.

Schedule a free legal consultation with the law firm of Cohen Immigration

Criminal inadmissibility

If you are a foreign national who has been arrested or convicted of a criminal offense, you may be considered criminally barred from entering Canada. Foreign convictions and arrests are compared to Canadian laws and standards when determining a person’s criminal inadmissibility, and an equivalent is found in the Canadian Criminal Code.

If your offense amounts to a summary offense and it is your only criminal conviction, you may be considered admitted to Canada and do not need a permit to enter the country. If the offense amounts to an offense defined as a serious crime, you may be considered ineligible for entry into Canada and require authorization to enter the country.

What a person must do to overcome inadmissibility depends on the classification of the offense (serious or non-serious) and the time that has elapsed since a sentence was served (including probation, fines, etc.).

The three main ways to overcome ineligibility for Canada are:

  • Application for a temporary residence permit
  • A criminal rehabilitation application
  • A legal opinion

Application for a temporary residence permit

A Temporary Residency Permit (TRP) is an option for a person who is considered criminally ineligible as it allows temporary access to Canada for a specified period of time. A TRP is used in situations where a traveler has a valid reason for entering Canada and the benefits of their entry outweigh any risks to Canadian society.

A TRP application can be granted for up to three years, depending on the reason for entry. A person can apply for a TRP at any time and does not require the enforcement of a criminal conviction.

Application for penal rehabilitation

The Canadian government offers the opportunity to apply for criminal rehabilitation to permanently erase your criminal record for purposes of entry into Canada. The application for criminal rehabilitation is a one-time solution that does not require an extension. Upon receipt of Criminal Rehabilitation Authorization, an individual is no longer considered inadmissible and no longer requires a TRP to enter Canada.

To be eligible for criminal rehabilitation, you must meet the following criteria:

  • Must have committed an act outside of Canada that constitutes a criminal offense under the Canadian Criminal Code,
  • Must have been convicted of the offense or admitted to commission, and
  • Five years must have passed since the sentence was carried out. These include prison terms, fines, community service, or probation.

legal opinion

The legal opinion, written by a Canadian immigration attorney, explains the consequences of a conviction for the purposes of Canada’s immigration authorities. Reference is made to relevant sections of Canadian law to help the officer decide how to respond to charges and how different outcomes (conviction, conviction, etc.) would affect his ability to come to Canada. The letter may even suggest alternative violations that would not bar the person from entering Canada. The effects of inadmissibility can have serious implications for employment as well as the ability to see family members in Canada, so the letter may appeal to a judge’s sympathy and be considered when deciding an outcome.

Medical inadmissibility

Every applicant for a Canadian immigrant visa must undergo a medical examination. These exams are usually standard physical exams, but may include previous medical records and mental status exams.

An applicant may be found medically ineligible if:

  • You have a medical condition that could reasonably be expected to endanger the health or safety of the Canadian population, or
  • It can reasonably be assumed that their admission into Canada will result in over-utilization of Canada’s public health and social services

The medical examiner must take into account the nature, seriousness and probable duration of any health problems from which the applicant is suffering in order to establish medical ineligibility.

If a medical ineligibility is found, it is possible to appeal by showing that the applicant will not exceed the estimated average cost of medical treatment in Canada or that there are humanitarian and compassionate considerations that should justify an exception in their case.

Similar to criminal ineligibility, an applicant who does not meet medical eligibility requirements may apply for a temporary residency permit (TRP) in Canada to overcome medical ineligibility and enter Canada.

Schedule a free legal consultation with the law firm of Cohen Immigration

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