Inadmissibility

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. 

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.

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.