Inadmissibility

Overview:

At The Black Bear Canadian Immigration, we specialize in helping clients overcome inadmissibility challenges to Canada. Being “inadmissible” means that under Canada’s immigration law, you may not be allowed to enter or remain in the country. A Canadian immigration officer will determine your admissibility when you apply for a visa, an Electronic Travel Authorization (eTA), or upon your arrival at a port of entry. Several factors can lead to inadmissibility, including security risks, criminal history, or medical concerns.

Inadmissibility to Canada: What It Means

A person is inadmissible to enter into Canada based on security, International rights, Serious criminality, organized criminality, health grounds, financial reasons, misrepresentation, Cessation of refugee protection, Non-compliance with Act and because of Inadmissible family member.

Inadmissibility based on the above mentioned criteria is clearly define in IRPA and the details along with the IRPA section reference is given below: 

• Security
• Human or international rights violations
• Serious criminality
• Organized criminality
• Health grounds
• Financial reasons
• Misrepresentation
• Cessation of refugee protection — foreign national (IRPA 40.1 (1))
• Cessation of refugee protection — permanent resident (IRPA 40.1 (2))
• Non-compliance with Act
• Inadmissible family member

Temporary Resident Permit (TRP):

TRP is used to overcome inadmissibility temporary until it is permanently resolved. A TRP covers offences or convictions that were committed outside of Canada and from inside of Canada. A TRP may be issued if it has been less than five years since the completed sentence.

Criminal Rehabilitation

A criminal rehabilitation application is used for offences or convictions that were committed from outside of Canada. At least five years must pass since the end of the completed criminal sentence. This application is used to overcome inadmissibility permanently as long as no sequent convictions occur thereafter.

Record Suspension:

Record Suspension is used for convictions that were committed inside of Canada. At least five years for summary convictions must pass since completion of the criminal sentence before an inadmissible person can apply.

Ten years must pass for indictable convictions from the completion of the criminal sentence before an inadmissible person can apply as long as no subsequent convictions occur thereafter.

Understanding Inadmissibility Decisions

If you are deemed inadmissible to Canada, you may not be permitted to enter or stay. However, there are instances where a temporary resident permit may be issued if there is a compelling reason for your travel that justifies the circumstances. At The Black Bear Canadian Immigration, we guide clients through this process to help them gain the necessary permits to enter Canada when it seems otherwise impossible.

Criminal Inadmissibility: What You Should Know

One common cause of inadmissibility is having a criminal record. If you’ve been convicted of a crime, you may face obstacles in entering Canada. Crimes such as impaired driving, theft, or drug-related offenses could result in criminal inadmissibility. However, depending on the circumstances, there are pathways to overcome this issue. We help you explore your options and pursue the necessary legal avenues.

The Serious Consequences of Impaired Driving

Driving while impaired by alcohol or drugs, including cannabis, can lead to serious criminality, making you inadmissible to Canada. This means you will not be allowed to enter the country unless you are granted a temporary resident permit. The penalties are strict, and our team at The Black Bear Canadian Immigration can assist you in navigating the process of obtaining the necessary permits to address this form of inadmissibility.

Grounds for Inadmissibility

There are numerous reasons why someone could be found inadmissible to Canada. In addition to criminal offenses, inadmissibility can arise from security risks, such as involvement in espionage, terrorism, or organized crime. Human rights violations, medical conditions that pose a public health risk, financial instability, and misrepresentation of information can also lead to denial of entry. We provide comprehensive services to address all forms of inadmissibility and work towards finding solutions.

Temporary Resident Permits: A Way Forward

If you are inadmissible but have a valid reason to travel to Canada, you may still be eligible for a temporary resident permit. These permits are issued on a case-by-case basis, depending on whether your need to enter Canada outweighs any risks posed to the country. Our experts help build your case to justify your entry and ensure that all supporting documents meet the requirements of the immigration officer assessing your application.

Application Process for Temporary Resident Permits

The process for applying for a temporary resident permit varies depending on whether you are from an eTA-required or visa-required country. For those in need of a temporary resident permit, we assist with submitting the necessary applications, attending interviews, and providing all relevant documentation to explain your situation. We also guide clients through any potential interviews with immigration officers.

How Long Can You Stay in Canada with a Permit?

Temporary resident permits are typically issued for the duration of your visit to Canada, which could be a few days or several months. It’s essential to adhere to the terms of the permit, including leaving Canada by the expiration date unless you’ve applied for a renewal. Our team ensures that your permit applications are processed efficiently to maximize your time in Canada.

Options for Criminal Rehabilitation

If you have a criminal record, you may be eligible for criminal rehabilitation, which can resolve your inadmissibility permanently. Rehabilitation means you are considered unlikely to reoffend. Depending on the nature of the crime and how much time has passed, you could be deemed rehabilitated or apply for individual rehabilitation. The Black Bear Canadian Immigration provides guidance on how to meet the legal criteria for rehabilitation and helps prepare your application.

Deemed vs. Individual Rehabilitation

Deemed rehabilitation applies when a sufficient amount of time has passed since the completion of your sentence. You may be deemed rehabilitated if the offense occurred outside of Canada and its equivalent in Canada carries a maximum prison sentence of less than ten years. Individual rehabilitation requires a formal application. Our team is skilled in assisting clients with both deemed and individual rehabilitation, ensuring that every step is taken to resolve their inadmissibility.

Record Suspensions and Their Impact on Admissibility

If you’ve been convicted of a crime in Canada, you can apply for a record suspension (formerly known as a pardon), which removes your inadmissibility. If your conviction occurred in another country, we can help you determine whether your pardon is recognized by Canadian immigration authorities. Securing a record suspension is a key step in clearing the path for your successful entry into Canada.

Temporary Resident Permits for Recent Convictions

If it has been less than five years since the completion of your sentence, you may still be able to enter Canada with a temporary resident permit. This option is available to those who have valid reasons to travel, such as family visits or work-related needs. At The Black Bear Canadian Immigration, we evaluate your case thoroughly to present the strongest possible argument for your temporary entry, even if your inadmissibility stems from recent criminal offenses.