Overcoming inadmissibility is vital to enter Canada. Canada has specific admissibility requirements that international applicants must meet before they are allowed to enter the nation. It includes a criminal background check & completing a medical examination.
What Is Criminal Inadmissibility?
For overcoming inadmissibility, IRCC & CBSA place huge significance on securing borders from anyone who might pose a risk to the nation. Thus, they might deny entry to individuals who might commit a crime during their stay in Canada.
If you are foreign national & have been arrested/ convicted of a criminal offense, you might be considered criminally inadmissible to Canada. Moreover, if you have a past criminal charge in a foreign nation, your admissibility to Canada is calculated based on the equivalency of foreign offense into Canadian law.
Furthermore, if the offense translates to a summary offense, & it is your only criminal conviction, you might be admissible to Canada & not need permission to enter. In addition, if the translation is to one of an indictable offense, you might be considered criminally inadmissible to Canada.
Tips For Overcoming Inadmissibility
There are three major pathways for overcoming inadmissibility to enter Canada. They are:
- A TRP, i.e., Temporary Resident Permit
- A Legal Opinion Letter
- A Criminal Rehabilitation Application
A TRP is an alternative if you are criminally inadmissible to Canada. In addition, TRP offers temporary resident to Canada for a determined time period. It is used when a traveler has a valid reason for entering the nation. Well, the benefits of their entry outweigh any risks to society.
A TRP application is offered for up to three years, depending upon the reason for entry to Canada. Moreover, a person can apply for TRP anytime & it does not require the applicant to have completed a criminal sentence.
Canada enables international applicants with criminal histories to submit criminal rehabilitation applications. This application clears up your past criminal history for the purpose of entering Canada. In addition, the application is just a one-time solution & doesn’t need any renewal. Upon obtaining approval for criminal rehabilitation, you are no longer considered inadmissible & wouldn’t require a TRP for entry into Canada.
For overcoming inadmissibility & become eligible for criminal rehabilitation, you have to meet the following criteria:
- Should have committed an act outside of Canada which would be equivalent to an offense under the Canadian criminal code.
- Must have been convicted of/ admitted to committing the act.
- Five years should have been passed since the sentence has been completed. This includes fines, jail duration, community service, probation, etc.
Lastly, suppose you are convicted or have committed a crime. In that case, you can preemptively avoid being found inadmissible to the nation by submitting a legal letter addressed to the judicial authority hearing your case.
Moreover, a legal opinion letter is drafted by a Canadian immigration lawyer, explaining the consequences of a conviction for immigration purposes in Canada. It will refer to sections of Canadian law to help the officials decide how to respond to changes & how different outcomes would affect your ability to arrive in Canada. Well, the letter can even suggest alternate infractions, which wouldn’t lead to inadmissibility.
What Is Medical Inadmissibility?
Anyone applying for a Canadian immigration visa must undergo a medical examination. These examinations are usually standard physical examinations.
A candidate might be found medically inadmissible if:
- They have medical conditions which might endanger the health/ safety of the Canadian population.
- Their admission to Canada might cause excessive demand on Canada’s public health & social services.
The medical offer must consider the severity, nature, & probable duration of any health impairment from which the candidate is suffering for overcoming inadmissibility.
Upon finding medical inadmissibility, it is possible to seek legal remedy by showing that the applicant wouldn’t exceed the estimated average costs of medical treatment or that there are compassionate & humanitarian considerations which should warrant an exception in their case.
Like criminal inadmissibility for temporary stays, a candidate who doesn’t meet the medical admissibility requirements might apply for a TRP to overcome medical inadmissibility & enter Canada.