Canada is a popular destination for people who want to move for work or citizenship. As such, many are interested in finding the easiest way to immigrate to Canada or the safest way to come here legally.
Many who apply for a Canadian residence or work permit obtain one. At times, though, people find that they are “inadmissible” to the country under its immigration laws. Typically, a Canadian immigration officer decides if someone can enter when they arrive at a port of entry or apply for an Electronic Travel Authorization. Here are more things to note about inadmissibility to Canada.
Reasons for becoming inadmissible
You can be found inadmissible, refused entry, or removed from the country if you commit a crime, a human rights violation, a crime against humanity, or other similar violations. Persons may be inadmissible if their presence in the country would endanger public health or safety.
Membership in an organization involved in organized crime, terrorism, or spying also renders someone inadmissible. Finally, if you are financially unable to support yourself or have an inadmissible family member, immigration could deny entry to the country as well.
What can you do if immigration refuses entry?
If you have a valid reason to travel to Canada despite being inadmissible, immigration could issue you a temporary resident permit. Keep in mind that your stay in Canada must outweigh the health and safety risks to Canadian society.
You must prove that your visit is justified—for instance, family emergencies or specialized medical procedures are examples of justifiable reasons for granting a permit. Consult a Canada immigration consultant for more information on justifiable visits and qualifications.
How can you overcome inadmissibility?
Even if you have no urgent business in the country, you may be allowed to come to Canada even if deemed inadmissible. Depending on the crime, you could still go to Canada if you have a temporary resident permit and prove to an officer that you satisfy the qualifications to be deemed rehabilitated. Persons with a record suspension or who have applied for rehabilitation are also allowed to come to Canada.
What is ‘deemed rehabilitation?’
Canadian law deems a person rehabilitated if enough time had passed since their conviction. This applies only to people whose maximum prison term is less than ten years if committed in the country.
What is ‘individual rehabilitation?’
You can also apply for individual rehabilitation, which the Minister could grant or decline. People can apply for individual rehabilitation if five years have passed since the end of the sentence or the day the person committed the act. Additionally, you must prove that you are highly unlikely to take part in future crimes.
Discharge or record suspension
Check with the Canadian Parole Board if you can apply for a record suspension for crimes committed in Canada. If you get one, immigration will lift your inadmissible status. A record suspension or discharge from another country, however, requires coordination with the respective visa office. They can inform you if the pardon applies in Canada.
Checking these beforehand will ensure that border services officers have enough information to determine if you can enter the country. In addition to criminal records and financial stability, the office will also need to consider other factors in your application, so ensure you have fulfilled all the other requirements.
Inadmissibility is not an outright ban on entering the country. It only means that aspects of a person’s profile trigger the safety checks that Canadian officers have in place. If you are having trouble getting your visa approved, it is best to consult a Canada immigration expert.
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