A foreign national can be inadmissible to Canada for a number of reasons; the most common grounds are Criminality, Medical Issues, and Misrepresentation. If one is determined to be inadmissible, they may not be eligible to enter Canada, whether to work, study, or immigrate.
Also, if any member of a family applying for permanent residence is found to be inadmissible, that may affect the eligibility of ALL family members to immigrate. For example, if a spouse or a dependent child has been convicted of an offence such as drunk driving, or is medically inadmissible, the whole family may be denied their immigrant visas.
Many people are unaware that they may be inadmissible; they may have forgotten about offences that happened decades ago, or not be aware of latent medical issues.
Lowe & Company can help you assess your situation, then help you find a solution to deal with Inadmissibility.
Criminal Inadmissibility
If you have committed or been convicted of a crime anywhere in the world and if that crime would also be considered an offence in Canada, you may be inadmissible to Canada.
Canadian laws often treat offences differently than other countries. For example, in many jurisdictions, impaired driving offences would be considered fairly minor, while in Canada, they would render you criminally inadmissible.
On the other hand, certain offences such as non-payment of child support may be offences resulting in prison terms in some countries but may not render one criminally inadmissible in Canada.
Depending on your particular situation, we will ascertain whether any offence outside of Canada may render you criminally inadmissible under Canadian laws.
If your record was “wiped”, it may amount to a record suspension in Canada. In some situations, you may be deemed to have been rehabilitated through the passage of time if you meet certain requirements. Or, if at least 5 years have elapsed since the completion of any sentence, you may also be eligible for rehabilitation. We can advise you on how to deal with such issues.
Medical Inadmissibility
In many situations, people applying to enter Canada must undergo a medical examination prior to being granted visas to Canada.
If you have a condition which is likely to be a danger to public health, to public safety, or might reasonably be expected to cause excessive demands on Canada’s health or social services, you may be medically inadmissible to Canada.
Sometimes, even though a person may have a medical condition, there may be other factors which the immigration officer must consider. If a child is autistic, he may be medically inadmissible due to excessive demands on social services for special education. However, the immigration officer can take into account if the parents are willing and able to cover the costs of such services in determining whether or not there will be excessive demands.
We can review your medical reports, research Canada Immigration’s position, assist you to obtain medical expert reports, and analyse your financial commitments in order to present your best case to overcome a medical inadmissibility opinion.
Misrepresentation
You may be inadmissible for misrepresentation for directly or indirectly misrepresenting or even withholding material facts relevant to your case.
For example, if you did not provide complete, honest or truthful information when applying to enter Canada, or if you used documents which are fraudulent, you may be inadmissible for misrepresentation.
In some situations, the misrepresentation could have been made by someone on your behalf, such as an immigration consultant or agent, even without your knowledge or consent. By submitting the application, you are deemed to have accepted the contents and supporting documents and can be liable for misrepresentation.
If you have been found to have made a misrepresentation, you could be inadmissible to Canada for five years, or even face penal sanctions in serious cases.
We can help you challenge a determination of misrepresentation, depending upon the facts and supporting evidence we have for your case.
Overcoming Inadmissibility
There are a number of ways to overcome criminal inadmissibility, including:
Challenging the Basis of the Inadmissibility Determination
Sometimes, Immigration Officers make wrong decisions. They may have misinterpreted the Canadian equivalent offences, or the nature of the medical condition. Or they may have applied legal principles or analysis incorrectly. We can analyze the decision to see if there are any avenues to overcome this.
An Application for Criminal Rehabilitation
If at least five years have passed since the completion of your sentence, you may be able to overcome the criminal inadmissibility if you can satisfy the immigration officer that you are rehabilitated. We would include an explanation of the circumstances leading to the offences, changes to your life since then, career establishment, family ties, community involvement, and other evidence to show that you are not likely to re-offend. Upon approval, you will be free to enter Canada just as if you had not been criminally inadmissible.
Deemed Rehabilitation with the Passage of Time
For certain offences, you may even be deemed to have been rehabilitated after the passage of time: usually 5 years or 10 years, depending on the specific offence. We can help you analyze your situation and prepare arguments that you meet the requirements for Deemed Rehabilitation.
A Temporary Resident Permit
If you are inadmissible but have a compelling reason to travel to Canada, you may be able to apply for a Temporary Resident Permit.
Temporary Resident Permits allow people to come to Canada to work, study, or perhaps be with their family. There are 2 general principles which you would need to satisfy: a compelling need to come to Canada; and a low risk to Canadians or Canadian society by your entry.
We frequently obtain Temporary Resident Permits for foreign workers who have convictions abroad but need to work in Canada prior to having their Criminal Rehabilitation approved. These can be for short term projects of a few weeks, to a year or more at a time.