Canada Immigration Inadmissibility Lawyer.

Overview

We understand how difficult it can be when you or a family member is refused entry to Canada because they have been found to be inadmissible. When you submit an immigration application or you arrive at a port of entry, a Canadian immigration officer will determine if you can or cannot enter Canada based on a variety of reasons.

My husband and I want to start off by thanking Daniel Kingwell and his team for all the amazing work they did for us and the support they gave us during a very stressful time in our lives. When there was so much uncertainty, Daniel always gave us the assurance that he and his team will do everything they can to see us through and they sure did deliver. We will recommend Daniel to anyone facing immigration issues. His firm delivered time and time again, my husband and I are so blessed we had them on our side. They are truly life savers and my family and I will always be grateful to Daniel and his firm.

– Samantha Oorloff & Jesse Wijayasinghe

If you have been found inadmissible to Canada, that means that you will be refused entry into Canada, removed from Canada, or will have the visas or applications you have applied for denied. There are several reasons an individual may be found inadmissible.

Our immigration inadmissibility lawyer at Kingwell Immigration Law will help you determine why you were found inadmissible and the ways you can potentially still enter Canada.

Reach out today to book a consultation and let us guide you on your next steps

Areas Our Inadmissibility to Canada Lawyer Can Help With

Authorized to Return (ARC)

If you have been asked to leave Canada through a removal order, there are steps you can take to return. In the case that your application for permanent or temporary residency has been approved, you may also need to obtain an Authorization to Return to Canada (ARC) document prior to travelling back to Canada.

An ARC is usually required in addition to another application – understanding the context of your ARC application is important, as it is often considered along with your application, and the information needs to be consistent and clear across all forms and documents.

Criminal

If you have committed a crime, been charged with or convicted of a crime, or are linked to organizations that have committed criminal activity, you may be found to be inadmissible to Canada. In this case, there are a number of steps you can take to demonstrate rehabilitation and be allowed to enter Canada.

In a case of criminal inadmissibility, it is essential that you work with a lawyer to collect the documentation and evidence you need to support your claim for entering Canada or to rebut allegations of inadmissibility made against you.

Criminal Rehabilitation

If you have been deemed criminally inadmissible to Canada, there are actions you can take to still enter the country. Criminal rehabilitation involves a series of steps and an application that you must submit. Criminal Rehabilitation examines the circumstances related to your charge, looking at key factors such as if you were discharged or pardoned, if you were convicted as a juvenile, and the length of time since you finished your sentence to determine if you may be eligible to come to Canada.

Financial

If you are unable to financially support yourself during your time in Canada, you may be found inadmissible. It is important that you assemble the necessary documentation and information to demonstrate how you will financially provide for yourself and your family members when coming to Canada. A lawyer can help assess your financial situation and help you assemble the materials needed for your application.

Humanitarian & Compassionate Consideration

If you are inadmissible to Canada, you may be eligible to request that an immigration officer allow you to enter or remain in Canada on humanitarian and compassionate (“H&C”) grounds. An experienced lawyer can help you determine if you may be eligible to request H&C consideration, and if so how.

Legal Opinion Letter

If you have been charged with a criminal offence and are in court, or need to explain your criminal history to an immigration officer, a legal opinion letter may help. A legal opinion letter is drafted by a lawyer and explains the circumstances of your charges or convictions as they relate to Canadian law.

If you are in criminal court, a Kingwell Immigration lawyer will work with you to draft a thorough letter explaining the consequences of a conviction or sentenced to the court, and this may help your criminal lawyer avoid a conviction or reduce your sentence.

We can also help explain to an immigration officer how you may not be inadmissible despite a criminal record, charge, or offence.

Medical

If you have a medical condition that could potentially endanger public health and safety or cause excessive demand on health or social services, you may be found inadmissible to Canada. However, there are some exemptions to this rule – it is important that you speak to a lawyer if you are planning on entering Canada and have a medical condition to learn how it may affect your visit.

Medical inadmissibility is often misunderstood. IRCC isn’t saying you’re not welcome—but they may believe your condition will place “excessive demand” on health or social services. We’ve helped clients with chronic conditions demonstrate their ability to manage care privately or prove IRCC’s assumptions were incorrect.

We work with medical experts, gather detailed records, and build your case from both a legal and medical standpoint.

Additional reading: misrepresentation in Canada

Misrepresentation

If you provided false information or withheld information from Canadian immigration officials at any part of your immigration application process, you may be found inadmissible to Canada, and barred from re-applying. It is important that you work with a lawyer when completing a Canadian immigration application to ensure all the information is accurate and properly submitted.

Misrepresentation doesn’t just mean lying. It can include honest mistakes—forgetting to mention a prior visa refusal, submitting an incomplete form, or relying on an unlicensed consultant. The consequences can be severe, including a 5-year reentry ban or loss of permanent residency.

Our immigration inadmissibility lawyers help clients respond to Procedural Fairness Letters (PFLs), request reconsideration, and appeal decisions where possible.

⚠️ Never ignore a PFL. The way you respond can determine whether you’re banned for years or given a second chance.

Non-compliance

You may be found inadmissible for failure to comply with provisions of the Immigration and Refugee Protection Act and its many regulations. When you are granted entry to Canada, there will be a set of requirements you must fulfil according to the permit or authorization you received. If you fail to comply with these items during a previous visit to Canada, you may be denied re-entry.

Record Suspension (Pardon)

If you are inadmissible to Canada for a criminal conviction received in Canada, a record suspension will help you become eligible to remain in or return to Canada. Record suspensions are granted by the Parole Board of Canada. If granted, the individual will have their name removed from the Canadian Police Information Centre (CPIC) database and, if they otherwise qualify, could be eligible to immigrate to Canada.

It is important to note that a record suspension is not guaranteed, so it is crucial to consult a lawyer to see if you qualify.

If you committed a crime outside of Canada, a pardon or record suspension in that country will not necessarily alleviate the inadmissibility, and you may still need to disclose the conviction in any application. It is crucial that you speak to an experienced lawyer in this case.

Security

You may be found inadmissible to Canada if there are reasons to believe you may be a security threat to Canada, for reasons including espionage, subversion, violence, terrorism, or membership in organizations that have a history of involvement in these activities.

In addition, if you have been found to have committed human or international rights violations, such as war crimes, you may be found inadmissible. An immigration lawyer can help you assess the unique circumstances of your situation and will guide you in establishing your eligibility to enter Canada.

Temporary Resident Permit (TRP)

If you have been deemed inadmissible to Canada, a Temporary Resident Permit (TRP) would authorize you to enter or remain in Canada. If you are granted a TRP, there are a number of obligations you must abide by. It is important that you understand the role of a TRP and your obligations prior to applying.

Kingwell Immigration Law has helped clients apply for and meet the requirements of a Temporary Resident Permit and is well-positioned to provide you with the support and guidance you need to have a TRP issued.

Inadmissibility Type	Common Cause	Potential Solution
Criminal	DUI, assault	TRP, Rehabilitation
Medical	Excessive demand	Med opinion, TRP
Misrepresentation	False docs	PFL, H&C, Appeal
Security	Intelligence flags	Judicial review
Non-compliance	Visa overstay	ARC, TRP

Additional reading: common law in Ontario

💡 Even if you’re found inadmissible, there may be legal exemptions or pathways forward. Our admissibility lawyers can help assess options in detail.

Our Toronto immigration lawyer is available to handle your case. Contact us today to find out more!

What is inadmissibility in Canadian immigration?

Inadmissibility means that the Canadian government has determined that you—or your family member—cannot legally enter or remain in Canada. This could be due to a criminal record, a past immigration violation, or even a health condition. We often see clients who had no idea they were inadmissible until they applied for a visa or were stopped at the border.

Immigration inadmissibility is governed by the Immigration and Refugee Protection Act (IRPA), and can impact applications for temporary or permanent status, as well as citizenship.

Can inadmissibility decisions be challenged or appealed?

Yes, inadmissibility decisions can be challenged and appealed. Our immigration inadmissibility lawyers will take the best course of action for you from the following:

Judicial review in Federal Court: If a visa officer, immigration officer, or tribunal makes a decision that appears unreasonable or procedurally unfair, it may be possible to challenge it through a judicial review application to the Federal Court of Canada. Judicial review does not reassess the facts—it examines whether the decision was legally sound.
Appeal to Immigration Appeal Division (for PRs and some sponsorship cases): Permanent residents and certain sponsors may have a right to appeal a removal order or a refused sponsorship application to the Immigration Appeal Division (IAD). The IAD can cancel removal orders or allow appeals on humanitarian and compassionate grounds.
Humanitarian and Compassionate (H&C) application for exceptions: Applicants who are otherwise inadmissible may request an exemption based on humanitarian and compassionate grounds. These applications focus on establishment in Canada, family ties, and hardships if removal occurs.
Applying for Authorization to Return to Canada (ARC) or Temporary Resident Permit (TRP): Those who have been previously removed from Canada may need an Authorization to Return to Canada (ARC) to re-enter legally. If inadmissibility remains an issue, a Temporary Resident Permit (TRP) can sometimes allow entry despite inadmissibility concerns, depending on the circumstances.

Challenge or Appeal Option	When It Applies	Notes
Judicial review in Federal Court	Decision appears legally flawed or unfair	No new evidence; reviews legality only
Appeal to Immigration Appeal Division (IAD)	For permanent residents and family sponsorship refusals	Can consider humanitarian factors
Humanitarian and Compassionate (H&C) application	Seeking an exception based on hardship or ties to Canada	Focus on establishment, family, and hardship
Authorization to Return to Canada (ARC) or Temporary Resident Permit (TRP)	After removal from Canada or inadmissibility findings	Can allow re-entry even if inadmissible

Testimonials.

Thank you Daniel for doing a great job!!! My student visa application was refused two times and the Embassy ignored my third request too. Honestly, I was hopeless in 2019 and could not even imagine that someday the court would grant leave and my passport would have a visa on it. Everything happened because of Daniel Kingwell who prepared the best arguments and defended my case with great professionalism. I am so grateful for your support Daniel. I would recommend your firm to everyone who needs legal services because you guys deserve to be appreciated!

Daniela Gega

Why Kingwell Immigration Law

Kingwell Immigration Law has worked with countless individuals on immigration matters pertaining to inadmissibility. We understand that these matters are confusing – we help our clients navigate the various immigration laws, procedures, and applications to help them achieve their goal of coming to and staying in Canada.

At Kingwell Immigration, we promise our clients that we will put in the time and effort to understand their case and will exhaust every avenue and legal strategy to help them build a future in Canada.

Learn more about our immigration services

Example scenario: Overcoming criminal inadmissibility for a family visit

An individual with a decades-old conviction for a minor offense applied for a Temporary Resident Visa to attend their grandchild’s birth in Canada.

The initial application was refused due to criminal inadmissibility, despite the absence of any further legal issues. A Temporary Resident Permit was later granted after documentation was submitted showing rehabilitation, family hardship, and strong ties to the home country. The applicant was permitted to enter Canada for a limited period and was later deemed rehabilitated under Canadian law.

💡 This type of outcome highlights how legal tools like rehabilitation and TRPs may still offer a path forward, even after a refusal.

When to consult our immigration inadmissibility lawyers

Facing potential inadmissibility can be overwhelming, but speaking with our lawyer early can protect your rights and open up more options. There are certain warning signs that mean you should seek legal help right away to avoid serious immigration consequences.

✔️ Getting advice early may even prevent a refusal, removal order, or 5-year ban.

You receive a Procedural Fairness Letter (PFL): A PFL is often the first formal warning that your application could be refused based on inadmissibility. Responding properly is critical to protecting your immigration status.
You are issued a removal order: A removal order can permanently bar you from Canada if not addressed quickly. Legal advice can help you appeal the order or apply for relief.
You have a criminal history: Even minor offenses, withdrawn charges, or convictions from outside Canada can trigger inadmissibility findings. A lawyer can assess your risk and guide you on rehabilitation or record suspension options.
You are denied entry to Canada: Being refused entry at a port of entry could suggest serious admissibility concerns. Speaking with a lawyer early can help you challenge the decision or prepare a reentry plan.
You are facing medical or misrepresentation concerns: Health issues or honest mistakes on applications can lead to inadmissibility. A lawyer can build a case for medical exemptions or explain your situation to avoid a ban.

Past Cases.

Permanent Resident from Jamaica allowed to stay in Canada despite criminality after appeal to the IAD regarding history of mental illness.

A permanent resident, from Jamaica, as a result of a history of mental illness, she committed a series of minor criminal offences. Canada Border Services Agency issued a deportation order. Over a series of hearings spanning a decade, we defended her at the IAD, during which time she was issued and breached several stay orders. Finally, we convinced the IAD to allow her appeal despite the ongoing criminality because of the nature of her illness and the risk to her in Jamaica. She was allowed to remain in Canada.

Minister of Public Safety and Emergency Preparedness v Miller (2007 CanLII 70014 and 2011 CanLII 91213)

Parental sponsorship from India was reconsidered after wrongful rejection for misrepresentation.

Parental sponsorship from India. IRCC rejected the application for permanent residence for misrepresentation, finding that they had submitted false medical evidence to hide a medical condition. They had not in fact done so, and we successfully appealed the decision to the Federal Court on the basis that the clinic or IRCC had confused their own medical files. The Court ordered that the application be reconsidered, that IRCC provide the medical evidence to counsel for review, and ordered IRCC to pay the applicant’s legal costs.

Natt v Minister of Citizenship and Immigration (2009 FC 238)

Spousal sponsorship application from Belarus reconsidered after an appeal to the Federal Court.

Overseas spousal sponsorship from Belarus. Her application for permanent residence was refused upon finding that she and her spouse had previously engaged in a “divorce of convenience” before remarrying. We successfully appealed the decision, convincing the Federal Court that the decision had improperly characterized the marital history, and the application was reconsidered.

I.B. v Minister of Citizenship and Immigration (2008 FC 1365)

IRCC ordered to process visas for sponsored parents, and dependent children for Philippine applicants.

Sponsorship of parents and dependent children from Philippines. The application was refused on medical grounds, on the basis of one child’s developmental delay. On appeal to the Immigration Appeal Division, we established that the applicants had a reasonable plan to care for the disabled family member privately, and there were otherwise sufficient humanitarian and compassionate grounds to allow the appeal. IRCC was ordered to process the visas.

Trinidad v Minister of Citizenship and Immigration (2007 CanLII 72817)

Permanent Resident from India has sponsorship applications for spouse and children reconsidered by IRCC after appeal to the Immigration Appeal Division.

Permanent resident from India. He applied to sponsor his spouse and four children from India, however the application was refused on the basis that he had failed to disclose them in his own PR application. He was subsequently ordered deported for misrepresentation. We successfully appealed both decisions to the Immigration Appeal Division on the basis that the failure to disclose the children was an innocent mistake, and they had not in fact been married or common law partners when the applicant became a permanent resident. He was allowed to remain in Canada, and IRCC was ordered to process the application of his spouse and children.

Vartia v Minister of Citizenship and Immigration / Minister of Public Safety and Emergency Preparedness (2016 CanlII 19725 and 2017 CanLII 17117)

Get in Touch.

Speak with our experienced criminal inadmissibility lawyer today!

If you’re facing inadmissibility, acting quickly can make all the difference. Whether you’ve received a procedural fairness letter, been denied entry, or are dealing with a removal order, early legal help can protect your future in Canada.

In many cases, the right legal strategy is the key to avoiding a 5-year reentry ban, preserving your immigration status, or reopening your path to permanent residency.

Our team at Kingwell Immigration Law will work closely with you, developing a clear and focused plan to challenge inadmissibility findings and move forward.

Contact us now to schedule a consultation with our Toronto immigration lawyers. We’ll review your case and create a strategy that works for you.

Our mission is to deliver exceptional legal support throughout Canada, with a particular emphasis on serving clients in the following locations:

FAQS

What happens if I ignore a procedural fairness letter?

Ignoring a Procedural Fairness Letter (PFL) can lead to immediate refusal of your application and a potential 5-year ban for misrepresentation. You must respond by the deadline with a clear and well-supported explanation.

A strong response may convince the immigration officer to approve your case or at least reconsider the concerns raised. Failing to reply leaves the refusal unchallenged.

Can I travel to Canada while my inadmissibility appeal is pending?

In most cases, you cannot travel to Canada while your inadmissibility appeal or judicial review is pending unless you obtain a Temporary Resident Permit (TRP).

Each situation is unique. Without a TRP, border officers have the authority to deny you entry based on the outstanding inadmissibility finding.

How long does it take to resolve an inadmissibility case?

The timeline to resolve an inadmissibility case varies based on the complexity of the issues and the type of application or appeal filed. Some cases may be resolved in a few months, while others can take over a year.

Appeals, Federal Court reviews, and rehabilitation applications each have their own processes and deadlines. Early legal action often speeds up the timeline.

What evidence helps strengthen a request for rehabilitation or a TRP?

Strong evidence includes proof of rehabilitation (like time passed since the offense, character references, and proof of community involvement), family or business ties to Canada, and evidence of hardship if entry is refused.

A well-prepared package that addresses all risk factors and shows why your presence in Canada is justified is critical to success.