Inadmissibility issues for Permanent and Temporary residents
Foreign nationals can be inadmissible to Canada due to a variety of reasons. They can be inadmissible even though they may possess a valid permanent residence card or a visa.
Reasons for Inadmissibility
- Criminal grounds – any conviction on criminal grounds renders a foreign national inadmissible whether the offence was committed in Canada or abroad (minor and major criminal offences are included)
- Misrepresentation – any misrepresentation done in front of immigration or associated government departments renders a foreign national inadmissible
- Medical reasons- reasons for medical inadmissibility include a serious health condition or contagious diseases which have the potential to burden Canadian healthcare system
- Failure to comply with any laid down Canadian immigration and associated laws
- Financial grounds- a foreign national has shortage of resources to maintain themselves in Canada
- Security grounds
- Previous criminal offences, with convictions outside Canada are also considered
How is the Inadmissibility Determined?
Inadmissibility is determined in many different contexts by immigration officers and the Immigration and Refugee Board officials. Different situations in which inadmissibility is determined:
- At a port of entry into Canada
- At a Visa office when the foreign national applies for a visa
- Within Canada when the foreign national is residing with a temporary visa
- Within Canada when the foreign national is residing holding a permanent resident status
Inadmissibility within Canada
In cases where a foreign national gets convicted of a criminal offence within Canada, the person becomes inadmissible only once they are convicted of the offence. Such an event can happen to a foreign national who may be present in Canada for work, study or visit on a temporary visa.
Certain options are available to foreign nationals to avoid being considered inadmissible and to prevent it as well.
One way is to try and avoid any convictions for any offence while present in Canada. Drafting and submitting a legal opinion letter to the judicial authority in charge of the case hearing can help.
Another way is to take sufficient steps to be able to live and stay in Canada legally. Applying for criminal rehabilitation is not an option as the time required for the application would not be fulfilled.
Making an application for Temporary Resident Permit (TRP) is a possible option. Doing this enables the foreign national to stay in Canada for a specified duration legally.
Being present in Canada and labelled inadmissible is a unique legal situation and its options need to be measured on a case to case basis.
Immigration authorities can prepare a detailed report for the Immigration, and Refugee Board for any foreign national or permanent resident found inadmissible. An interview with a Canada Border Services officer can also be scheduled to understand if the admissibility allegations should be followed through.
The foreign national or permanent resident is given an opportunity to defend themselves.
In cases where the charges are proved, a removal or deportation order may be issued against the foreign national or permanent resident.
The foreign national or permanent resident has an opportunity to make an appeal to the Immigration Appeal Division or Federal Court depending on the case situation.
We can Help
The well-informed immigration lawyers and consultants at Nanda & Associate Lawyers will assist you in all matters regarding Inadmissibility claims. If being inadmissible restrains you from entering or remaining in Canada, connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.