More than 30,000 immigrants enter Canada every year in hopes of living and working there. This comes as no surprise as the Great White North is known for being a diverse, welcoming, and prosperous country with high living standards.
Individuals wish to settle in Canada to reap the benefits of its economic stability, various job opportunities, global leading educational institutes, etc. The country’s scenic landscapes, multicultural society, and low crime rates also make it a desirable living destination for many. That being said, not everyone gets the chance of living their Canadian dream.
If you’ve been granted inadmissibility to Canada, we understand it can be a confusing experience. A lot of people can be considered inadmissible to Canada for a wide range of reasons such as a criminal record, immigration violations, medical reasons, and more. However, this can lead to significant consequences such as limited travel opportunities, job prospects, etc.
That being said, being granted inadmissibility to Canada is not the end of the world. You can still take action to change the situation, such as applying for a temporary resident permit or getting legal advice.
If that piques your interest, keep reading to learn more.
Defining Different Types of Inadmissibility and Reasons Why They’re Granted
Inadmissibility is a major immigration issue that essentially hinders a person from entering a specific country. This means that being granted inadmissibility to Canada is a legal barrier that prevents aspiring migrants from entering or remaining on Canadian soil.
When it comes to Canadian immigration, it’s important to note that inadmissibility applies to everyone included in a single application. So, for example, if one individual accompanying their family has inadmissibility issues, they will affect every other family member included in the visa application. This is especially true in case of medical issues or criminal history.
There are many causes for being granted inadmissibility to Canada. We have listed some of the main reasons below and defined why they are ruled.
Criminal Inadmissibility to Canada
The first and most common reason for inadmissibility to Canada is any kind of criminal history.
This type of inadmissibility ruling only applies to aspiring immigrants convicted of a criminal offence in their own country or any other part of the world. The crime committed should have an equivalent in Canadian law for it to be applied. However, it’s imperative to note that not all types of criminal convictions make someone inadmissible to Canada. As a matter of fact, this inadmissibility type is granted only for crimes deemed serious felonies in Canada.
Driving Under Influence (DUI) is a serious crime that most commonly leads to inadmissibility to Canada. Individuals with one or more recent convictions for DUI are more likely to be barred from entering Canada.
The Canadian government takes this reason of inadmissibility extremely seriously in order to maintain the safety of its people. This means that individuals with criminal records can find it challenging to immigrate to Canada and might even be denied entry into the country. Those already living can be removed on the basis of this reason.
The duration of inadmissibility largely depends on the severity of the crime. It can also be affected by the sentence imposed and how much time has passed since the conviction. In some cases, it takes multiple offences to be granted inadmissibility. However, in other situations, even a single conviction can lead to long years of inadmissibility. For example, if an aspiring immigrant has a DUI conviction, they can be denied entry from Canada for up to a decade after the completion of the sentence.
Once those ten years pass, the individual is considered rehabilitated and allowed to enter the country.
Medical Inadmissibility to Canada
Another common reason for inadmissibility to Canada is medical inadmissibility. This type of inadmissibility reason applies to individuals with medical conditions deemed to pose a threat to public health or safety. On the other hand, someone can also be denied entry if they have an illness that can put a strain on or cause excessive demand from Canadian health and social services.
This reason for inadmissibility is decided by Canadian immigration officials who assess a person’s medical history and current health to make this decision. They can also make this decision if the likelihood of the person requiring medical treatment or social services is high while in Canada.
Unfortunately, the criteria for medical inadmissibility are also not always clearly defined. These situations are usually extremely complex for individuals seeking to immigrate to Canada. In fact, there can be cases where people are denied entry for medical conditions that are no risk to the general public or are easily manageable.
That being said, cases of medical inadmissibility to Canada have been deemed a highly important aspect of the immigration system. That’s because it helps ensure the safety and well-being of public health.
Immigration Violations
Immigration violations are another serious reason that warrants inadmissibility to Canada. This type of inadmissibility is granted to those who have violated Canada’s immigration laws. These violations typically include overstaying a visa, submitting false information in immigration applications, working without authorization, etc.
Immigration violations are also deemed a serious offence by the Canadian government that can deny individuals the right to enter the country. That’s because immigration policies are taken very seriously by the officials since they ensure the integrity of the entire system. It also aims to protect the interests of citizens and permanent residents living in Canada.
Individuals who have committed immigration violations are barred from entering or staying in the country for a specified period of time. The length of this period is widely dependent on the severity of the violation.
Applying for Rehabilitation
Though being granted inadmissibility to Canada can seem all doom and gloom, it’s not the end of your Canadian dream. In fact, there are various ways individuals can turn the situation in their favour. This is true for even those with criminal inadmissibility.
One of the best ways to do this is to apply for rehabilitation. This is an applicated offered by the Canadian government to individuals deemed eligible for permanent clearance of their previous criminal record. It is a process that enables them to showcase their rehabilitation to prove they don’t pose a risk to the Canadian society.
The rehabilitation process is a one-time solution that can be lengthy and complex. That’s why it’s imperative to understand the criteria before applying.
The most important criterion for the applicant is that they must have completed their sentence at least five years before the date of applying. This covers jail time, fines, probation, etc. It’s also important that they don’t have convictions after the issue. In cases of multiple convictions, applicants must wait ten years before applying.
Submit a Temporary Resident Permit Application
Another great way to deal with inadmissibility to Canada is by submitting a temporary resident application. This is a permit offered by the Canadian government that enables individuals to enter or remain in the country for a period of time or purpose. For example, if a foreign national is barred from entering Canada due to a DUI, they can get temporary access to the country.
Submitting this application requires detailed information about the trip’s purpose, travel plans, and personal history. You must also give important documents to ensure the situation goes smoothly.
Get Legal Help from Nanda & Associate Lawyers
Being granted inadmissibility to Canada comes with a lot of issues. Whether you apply for a temporary residence or rehabilitation, it involves various documents.
The rehabilitation process requires important paperwork like police clearance certificates, personal statements, and court documents. These should include accurate and detailed information to ensure success. An immigration lawyer can help you tackle the paperwork to increase your chances of entry.
Similarly, applying for a temporary resident permit application requires court documents, police clearances, and evidence of ties with the home country. It’s imperative you provide accurate information in the application to avoid discrepancies. An immigration lawyer has years of experience with these documents and understands how the system works. As a result, they will be able to ensure your application is successfully accepted.
If you require immigration lawyers in Mississauga to ensure your inadmissibility to Canada doesn’t ruin your chances, consider our lawyers at Nanda & Associate Lawyers.
At Nanda & Associate Lawyers, our team of immigration lawyers has years of experience and knowledge about the ins and outs of the Canadian immigration system. We can help guide you through the process and offer personalized solutions for your specific issue.
Book a consultation at our immigration law firm in Mississauga.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
