If you’ve been refused entry to Canada or are concerned about inadmissibility due to a past criminal conviction or medical condition, a legal opinion letter can be a powerful tool. Prepared by a qualified Canadian immigration lawyer, this document provides a detailed legal analysis explaining why you should be allowed to enter or remain in Canada.
While it doesn’t guarantee entry, a well-crafted letter strengthens your case by addressing concerns before they become barriers.
Contact our inadmissibility to Canada lawyer today for a consultation.
What Is a Legal Opinion Letter for Canadian Immigration?
A legal opinion letter is a formal document prepared by a licensed Canadian immigration lawyer that analyzes your admissibility to Canada. The letter addresses specific concerns raised by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), such as criminal or medical inadmissibility.
The letter presents legal arguments supported by case law and statutory references, explaining why you should not be considered inadmissible or why certain findings against you are incorrect. While it doesn’t guarantee entry, it provides border officials with a professional legal perspective that can influence their decision-making.
When Is a Legal Opinion Letter Needed?
Criminal Inadmissibility
Criminal inadmissibility is one of the most common entry barriers to Canada. Past convictions for offences such as DUI (driving under the influence), assault, theft, or fraud can make you inadmissible, even if the offence occurred decades ago or in another country.
A legal opinion letter DUI Canada analyzes how your foreign conviction translates under Canadian law and argues whether it truly makes you inadmissible. This approach can help you gain entry while pursuing longer-term solutions like criminal rehabilitation.
Important note about DUI convictions: As of December 18, 2018, impaired driving offences became serious criminality in Canada, punishable by up to 10 years imprisonment. DUI convictions after this date cannot be deemed rehabilitated automatically, regardless of time passed. DUIs from before December 2018 may still qualify for deemed rehabilitation after 10 years. A legal opinion letter can clarify how these law changes affect your situation.
Medical Inadmissibility
Medical inadmissibility arises when IRCC determines that your health condition might place excessive demand on Canada’s health or social services. Currently, the threshold is set at $26,220 annually or $131,100 over five years.
A legal opinion letter can challenge incorrect medical findings, clarify actual costs, or demonstrate that you have private insurance or resources to cover expenses. We help clients understand the medical inadmissibility framework and present compelling legal arguments to overcome these barriers.
What’s Included in a Legal Opinion Letter?
A comprehensive legal opinion letter typically includes:
Legal analysis of the offence or medical condition: The letter examines your criminal conviction or medical finding under Canadian law, including how foreign offences are interpreted and which provisions apply.
Case law and statutory references: We cite relevant legislation, regulations, and Federal Court decisions supporting your admissibility, demonstrating our legal position is grounded in established law.
Arguments for admissibility: For criminal matters, the letter may argue your foreign offence lacks a Canadian equivalent, is less serious than it appears, or that mitigating circumstances support entry.
Supporting documentation: We attach evidence such as court records, rehabilitation certificates, reference letters, or medical reports.
Professional signature: The letter bears the signature and credentials of a licensed Canadian immigration lawyer, lending credibility to the analysis.
How Our Immigration Lawyers Can Help
At Kingwell Immigration Law, we draft legal opinion letters that address complex inadmissibility issues through a thorough, tailored process.
We begin with a detailed consultation to understand your immigration history, criminal record, medical concerns, and travel needs. We then review all relevant documentation, including court records, police certificates, and previous immigration refusals.
Next, we research applicable statutes, regulations, and case law to identify the strongest legal arguments for your admissibility. Once our analysis is complete, we draft a comprehensive letter in clear, persuasive language supported by authoritative legal sources.
We review the letter with you to ensure you understand the arguments and provide guidance on presenting it at the border or with your application. Reach out to our legal team for help addressing your inadmissibility concerns.
Legal Opinion Letter vs. Rehabilitation
Understanding the difference between a legal opinion letter and rehabilitation helps you plan your strategy to overcome inadmissibility.
Deemed rehabilitation occurs automatically after a certain period since completing your sentence. For a single non-serious offence (indictable offence punishable by less than 10 years imprisonment if committed in Canada), this period is 10 years.
Critical exception for impaired driving: DUI, DWI, and other impaired driving offences committed after December 18, 2018, are classified as serious criminality and can never be deemed rehabilitated automatically. Only impaired driving convictions from before December 2018 may qualify for deemed rehabilitation after 10 years.
Individual rehabilitation is a formal application where you ask the Canadian government to forgive your criminal inadmissibility. This requires at least five years to have passed since completing your sentence, involves extensive documentation, and takes many months to process.
A legal opinion letter provides a faster alternative when you need to travel urgently or believe your offence shouldn’t make you inadmissible. The letter doesn’t remove inadmissibility permanently like rehabilitation does, but can convince border officers to allow entry on a case-by-case basis.
Legal opinion letters work well when your offence is borderline inadmissible, when there are questions about foreign conviction equivalency, or when you need to travel before rehabilitation processing would allow.
For comprehensive guidance, contact our team. We can assess whether a legal opinion letter, rehabilitation, or another remedy is right for your situation.
Contact Our Canadian Immigration Lawyers
Acting early is vital when facing inadmissibility concerns, especially with upcoming travel plans or time-sensitive applications. A legal opinion letter can address your admissibility issues before they result in refused entry or application rejections.
Our immigration lawyers bring extensive experience in both immigration and criminal law, positioning us to provide strategic advice on complex inadmissibility cases. We understand how foreign convictions are assessed under Canadian law and craft persuasive legal arguments that improve your chances of success.
Book a consultation to discuss your criminal or medical inadmissibility concerns and determine whether a legal opinion letter is the right solution. Let us review your admissibility issues and develop a strategy that addresses your circumstances.
FAQs About Legal Opinion Letters for Canadian Immigration
Is a legal opinion letter required for entry into Canada?
No. A legal opinion letter is not mandatory for entry. However, it strengthens your case by providing a professional legal analysis explaining why your situation doesn’t warrant inadmissibility under Canadian law. Many travellers with criminal or medical concerns obtain a legal opinion letter to reduce the risk of refused entry.
Can a legal opinion letter help with DUI inadmissibility to Canada?
Yes. A legal opinion letter analyzes how your DUI conviction is interpreted under Canadian immigration law and presents arguments for your admissibility. This is especially valuable if you haven’t reached the time threshold for deemed rehabilitation (which only applies to DUIs from before December 18, 2018) or need to travel before a rehabilitation application could be processed. For DUIs after December 2018, a legal opinion letter may argue alternative grounds for admissibility since these convictions cannot be deemed rehabilitated.
Who can write a legal opinion letter for Canadian immigration?
Only licensed Canadian immigration lawyers should draft legal opinion letters submitted to IRCC or CBSA. Lawyers with experience in both immigration and criminal law are particularly well-positioned to prepare these letters, as they understand how foreign criminal convictions are assessed under Canadian immigration legislation and can identify the most persuasive legal arguments for your case.
How much does a legal opinion letter for Canada cost?
The cost varies depending on case complexity, the amount of legal research required, and how quickly you need the letter. More complex cases involving multiple convictions or unusual legal issues may require additional investment. During your initial consultation, we’ll provide a clear estimate based on your circumstances.
What’s the difference between a legal opinion letter and rehabilitation?
A legal opinion letter provides a lawyer’s analysis arguing that your offence doesn’t make you inadmissible, or that mitigating circumstances support your entry. Rehabilitation, whether deemed or individual, is a government process that permanently removes inadmissibility caused by a criminal conviction. A legal opinion letter can be prepared quickly for immediate travel needs, while rehabilitation is a longer-term solution requiring specific time requirements and, for individual rehabilitation, a full application to IRCC.