Inadmissibility

Inadmissibility is one of Canada’s biggest immigration problems. Inadmissibility is an immigration issue where a person is prohibited from entering Canada. Criminal history and medical issues are some of the major causes of Inadmissibility.
Note that, immigration Inadmissibility covers all the applicants included in the Canadian application. If you have any potential medial or criminal inadmissibility issues, it will affect any family member accompanying you to Canada on that application.

  • Criminal Inadmissibility

    A person who has ever been convicted of a crime in his/her home country and there is an equivalent of that crime under the Canadian law, may be considered inadmissible into the country due to criminality. Note that not every crime or conviction will make a person inadmissible.
    A DUI charge is a common reason for refusal to enter Canada under criminal inadmissibility. People with recent DUI convictions are likely to be prevented from entering the country. Reckless driving, assault and theft are examples of other crimes that can lead to criminal inadmissibility.

  • Medical Issues

    Certain medical issues can make a person inadmissible to Canada. If you have a health condition that is considered a threat to the safety or health of the Canadian people, you might not be allowed into the country. And a person might also be prevented from entering the country if it is determined by an immigration officer that there is a probability of them imposing heavily on the public funded Canadian social services and health care.

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  • A DUI conviction can prevent you from entering Canada for 10 years from the date of your sentence. You will however, be considered rehabilitated after 10 years.

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Criminal Inadmissibility

Past criminal conviction is another common cause of inadmissibility under Canadian laws. Crimes are not classified as felonies and misdemeanors under Canadian laws, which is why even the most minor conviction can make a person inadmissible. Criminal inadmissibility can be a serious deterrence to a person’s immigration to Canada. Fortunately, the Canadian immigration system has put some things in place to help prospective immigrants scale through this problem.

  • Categories of Crimes That Can Cause Immigration Issues

    A person can be considered criminally inadmissible to enter Canada if convicted of certain crimes. Both minor and serious crimes can lead to criminal inadmissibility. And a person convicted of a crime in Canada or a foreign country can be considered inadmissible to enter Canada. Conviction for driving under the influence is the most common cause of criminal inadmissibility to Canada. Criminal convictions for drug related crimes can also lead to criminal inadmissibility. Convictions for assault and theft can also make an applicant inadmissible.

    Before a crime can make a person inadmissible to Canada, the crime must be considered an indictable crime in Canada.

  • Alternatives to Enter Canada

    Being criminally inadmissible does not necessarily mean the person in question will never enter Canada. There are quite a number of options for overcoming criminal inadmissibility. If 5 years has elapsed from the date the applicant completed his/her sentence from the conviction, and the applicant has a valid reason for his visit, then such a person can apply for a Canadian Temporary Resident Permit. With this permit, a person who is otherwise inadmissible can go to Canada for a set duration and for a specified reason.

    Criminal inadmissibility can also be overcome through criminal rehabilitation. If 5 years or more has elapsed since the completion of the applicants’ sentence, the applicant can make an application for criminal rehabilitation. The applicant must prove in the application that he/she has learned from the mistake and will no longer be a threat to the society. If the crime committed by the person is one deemed non-serious, such a person may be deemed rehabilitated and their inadmissibility will be wiped off their record without them filing any application. A person is deemed rehabilitated by the government of Canada if 10 years has elapsed since they completed their sentence.

    A person who commits a crime within Canada and is put in the inadmissible list, must apply to the Parole Board for record suspension.

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  • Getting Help With Toronto Immigration Services

    If you think you’re criminally inadmissible to enter Canada, but are interested in visiting or migrating to the country, you might want to secure the services of a Canadian immigration attorney to help you through the process of overcoming your inadmissibility. Why don’t you take our free assessment and see how Toronto Immigration Services can be of help to you?

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Medical Inadmissibility

Medical issues like criminal records can also make a person inadmissible to Canada. A person who fails their medical exam for Canadian immigration may not be allowed to enter the country. An applicant might be made ineligible for immigration if he/she suffers from a medical condition that is considered a risk to members of the public. Some of these medical issues include pulmonary tuberculosis, untreated syphilis, untreated mental issues that can cause a person to act in a violent manner, and any substance abuse considered dangerous to the Canadian populace. Financial standing has no effect whatsoever on these regulations as they apply to every person attempting to come into Canada.

  • Excessive Demand

    A person can also be deemed inadmissible to Canada if immigration officials feel the person’s health will place unnecessary strain on the country’s social or health services. If it is revealed from an applicant’s immigration medical exam that the person might require more social and health services than an average Canadian over a five year period, such a person will be considered medically inadmissible. And if there’s any probability of the person’s medical issues increasing Canadians’ wait time for social and health services, it can be considered excessive demand on their services thereby leading to inadmissibility.

  • Alternatives to Enter Canada

    There are a number of options for persons considered inadmissible to enter Canada on medical grounds. Such persons can obtain a Temporary Resident Permit to enter the country if their need to be in Canada outweighs any possible risk associated with their presence in the country. An applicant can overcome medical inadmissibility if the person has valid humanitarian reasons for being in the country.

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  • Getting Help With Toronto Immigration Services

    You can employ the services of a Canadian immigration attorney to help you sort the issue of medical inadmissibility to determine if your medical issue will affect your chances of entering Canada.

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DUI Convictions

It is very difficult to enter Canada if you have a DUI conviction. Having a DUI is a common reason for criminal inadmissibility in Canada. Even a DUI from several years ago can still prevent an applicant from traveling to Canada. The Canadian government has adopted Bill C-46, which classifies impaired driving under serious criminal offences, emphasizing how serious they are about criminalizing DUI.

  • Reckless Driving

    A reckless driving conviction can be equated to a “Dangerous operation of a motor vehicle” charge under the Criminal Code of Canada. Since this happens to be a hybrid offence, any equivalent conviction in another country will make the person inadmissible under Canadian law. If there’s a reckless charge somewhere on your record, it might be advisable to the take the precautions you’ll need if you had a DUI charge if you want to come to Canada.

  • Excessive Speed

    An excessive speed charge in Canada can fall under dangerous operation law where there’s evidence that the offence poses a significant threat to the safety of the public. If border officers discover that an applicant’s conviction or charge of excessive speeding is equivalent to that obtained under Canadian law, criminal inadmissibility will definitely apply.

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  • Alternatives to Enter Canada

    You can still enter Canada even if you have been convicted of reckless driving or a DUI. A person can make an application for criminal rehabilitation five years after completing their reckless driving or DUI sentence, which wipes away the inadmissibility. And if the applicant has a need that outweighs the crime even if 5 years has not elapsed since their completion of sentence, the person can make an application for a Temporary Resident Permit to be able to enter Canada for that particular purpose.

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Criminal Rehabilitation

A person who is criminally inadmissible to Canada can overcome it through criminal rehabilitation. What it does is that it wipes your criminal record clean for the purpose of Canadian immigration. The essence of rehabilitation is to show the government that you have changed since the criminal conviction and that you’re not going to commit that crime in Canada.

  • Deemed Rehabilitation

    People considered inadmissible to Canada due to a non-serious conviction (one whose maximum sentence is less than 10 years) will be eligible to be considered deemed rehabilitated. A person is automatically deemed rehabilitated 10 years after their sentence for a non-serious offence. To be considered deemed rehabilitated, nobody or property must have been hurt from the crime committed and it should not have involved a weapon.

    If you think you’re qualified to be classified deemed rehabilitated, then you must bring all the documents connected to your conviction when coming to Canada. This way, a boarder officer can determine if you meet all their requirements. Non-residents of the United States can send their documents to any Canadian visa office to determine if they’re qualified for deemed criminal rehabilitation.
    You can also get a Canadian immigration lawyer to help you draft a legal opinion letter to help facilitate your entrance at the point of entry in Canada.

  • Individual Rehabilitation

    If you don’t qualify to be deemed rehabilitated, there is another option that can help you overcome inadmissibility permanently. A person can start applying for individual rehabilitation 5 years after completing their sentence. It has the same effect as deemed rehabilitation, but with individual rehabilitation, the person will have to fill out the necessary applications providing the Canadian government with all the documentation they need to prove their eligibility for criminal rehabilitation.

    If your inadmissibility is due to crimes committed within Canada, you cannot overcome it with any of the criminal rehabilitations. This form of inadmissibility can be overcome through record suspension from the Canadian Parole Board.

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  • Getting Help With Toronto Immigration Services

    The application process for individual rehabilitation is quite complicated. First, you fill out an application form and send to any Canadian visa office. The application must contain all the documentation from your previous criminal convictions. The Canadian government also charges an application fee for these criminal rehabilitation procedures. They charge $1000 for serious criminality and $200CAD for non-serious criminality.

    If you think you’re criminally inadmissible to enter Canada, but are interested in visiting or migrating to the country, you might want to secure the services of a Canadian immigration attorney to help you through the process of overcoming your inadmissibility. Why don’t you take our free assessment and see how Toronto Immigration Services can be of help to you?

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