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INADMISSIBILITY Issues
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Inadmissibility
Inadmissibility Overview
Inadmissibility Overview
Inadmissibility Overview
There are several reasons you can be found inadmissible, denied a visa or refused entry to Canada, such as security, human or international rights violations,
criminality, organized criminality, health grounds, financial reasons, misrepresentation, non-compliance with the Immigration and Refugee Protection Act (IRPA), and having an inadmissible family member.
Admissibility is one of many factors that a visa officer constantly assesses; this will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.
In every immigration program, regardless of whether it's temporary or permanent immigration, it is your responsibility to prove two things: that you meet minimum requirements; and that you are not inadmissible. We think of it as asking for permission to come to Canada, and we can help you with your inadmissibility issues.
If you have been deemed inadmissible to Canada for any reason, and depending on the facts and nature of inadmissibility, some may be overcome.
Our team of dedicated immigration consultants may be able to present alternative ways to enter or immigrate to Canada.
Medical Inadmissibility
Inadmissibility Overview
Inadmissibility Overview
Every individual applying for a Permanent Residence and some applicants for Temporary Status in Canada (Visitor Visa, Study Permit, Work Permit) must undergo a medical examination by an approved Panel Physician.
A decision of medical inadmissibility considers the potential future excessive demand which may be reasonably placed on Canadian health or social services if the foreign national was allowed to enter Canada.
These rules are in place to protect the Canadian healthcare system and Social Services from abuse or excessive demand.
This could include persons with a condition that would endanger the health or safety of the Canadian population due to a contagious disease. Or someone with a mental illness that causes unpredictable or violent behaviour.
If the IRCC finds any foreign national within this provision, that person’s application for permanent resident status is liable to be refused in a letter known as a Procedural Letter.
By recognizing the critical need to respond to these inadmissibility issues, we can help prepare and draft a well-researched medical plan and present convincingly and substantively for the best immigration results.
Criminal Inadmissibility
Inadmissibility Overview
Criminal Inadmissibility
Foreign nationals who have applied for permanent residency in Canada or are temporary residents may be ineligible to enter Canada if found to have been convicted of criminal activity inside or outside of Canada.
Many persons visiting Canada may find that even minor violations or offences can lead to refusal of entry into the country, which is known as criminal inadmissibility.
If you are inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
Even if you have a charge from outside Canada and it was dismissed or an offence that was pardoned, you must provide all the necessary documents or facts to ensure you are not found inadmissible to Canada.
Depending on the nature of the conviction, the place of conviction, the time that has passed since being convicted, the end of parole, and the time served, individuals have several options to overcome inadmissibility to Canada.
Talk to us, and we will help you with your next steps.
Misrepresentation
Authorization to Return
Restoration of Status
Misrepresentation is considered an offence according to the IRCC, and a person can be denied entry to Canada based on the misrepresentation made.
A person can be refused entry to Canada, have their legal status in Canada revoked or have an application rejected if the misrepresentation is found anywhere in the process.
The penalty for misrepresentation is simply a rejection of your application. Depending on the circumstances, entry to Canada may be prohibited for five years.
There will be a permanent record at IRCC; worse, any status as a Canadian Citizen, Permanent Resident, or Temporary Resident may be entirely revoked. Sometimes there are criminal charges.
Misrepresentation is an intentional change of facts or information to another person. Misrepresentation can be done by lying, providing the wrong information or intentionally providing false documents. Fraud and misrepresentation are both done intentionally.
Misrepresentation can be easily avoided by keeping all information on your application up to date, valid and correct.
If you are facing misrepresentation charges not allowing you to enter Canada, you can connect with us to discuss the options available to you regarding your inadmissibility issues.
Restoration of Status
Authorization to Return
Restoration of Status
Many applicants enter Canada to work, study, or visit and are granted temporary visas.
Individuals who have entered Canada as visitors, students or workers and who have allowed their visas to elapse are technically out of status.
Although the law suggests they should leave Canada immediately, immigration policy has incorporated a certain degree of flexibility into the system.
Once the Temporary Resident Visa expires, the temporary Resident has to exit Canada.
However, suppose you wish to continue your stay in Canada. In that case, you will need to apply for ‘Restoration of Status’ within 90 days from the expiry date of the Temporary Resident visa expiry date.
You must have complied with all the other conditions on the original permits and e physically inside Canada.
If you have lost your status in Canada and have applied to restore your compliance, you may not work or study until you have received a situation decision on your application.
If your restoration of status gets refused, you can discuss your options with a skilled immigration consultant at On-Track Immigration and Appeals to see a favourable outcome to your inadmissibility issues.
Authorization to Return
Authorization to Return
Authorization to Return
Are you someone that once had the authorization to reside in Canada temporarily? Did you overstay your authorized stay, and unfortunately, Canadian Immigration has issued you a removal order?
If you have been the subject of a removal order from Canada, you will probably need authorization to Return to Canada (ARC) if you want to return. An ARC is issued to overcome a removal order.
Whether you need one depends on the type of removal order that was issued. It is best to determine what kind of removal order you have received. If you have been given a departure or exclusion order, you will not need to apply for an (ARC).
In these two circumstances, you must only abide by the requirements of the removal order, and then you will be able to return to Canada without needing an ARC.
If you were issued a deportation order, you must apply for Authorization to Return to Canada.
A Direction to Leave Canada is not the same as a deportation order, and you don't need the Authorization to Return to Canada.
Our well-informed immigration consultants can assist you with practical advice for inadmissibility issues. We want to help.