In some cases a person may be denied a visa, or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada for reasons of inadmissibility. They are known as inadmissible under Canadian Immigration law.
Inadmissibility can fall within any of these grounds:
Normally you cannot enter or stay in Canada if you are inadmissible. However, there are ways of overcoming your criminal inadmissibility.
If you are inadmissible, you may become admissible again if you:
If you have issues that may affect you admissibility to Canada, contact us for a consultation to discuss your concerns and determine if there is a solution for you.
This includes both minor and serious crimes, such as:
Overcoming Criminal Inadmissibility
There are potential options to overcome criminal inadmissibility and still enter Canada. Each case is different and it would depend greatly on the crime, how long ago it was and how you have behaved since.
You would need to have done any of the following options:
Deemed rehabilitation means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.
You may be deemed rehabilitated depending on the crime, if enough time has passed since you finished serving the sentence for the crime and if you have committed more than one crime. Also if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.
Rehabilitation means that you are not likely to commit new crimes.
You can apply for individual rehabilitation to enter Canada. It is granted at the discretion of the Minister, or their delegate. To apply, you must show that you meet the criteria have been rehabilitated and be highly unlikely to take part in further crimes. Also, at least five years must have passed since:
Record suspension or discharge
If you have been convicted in Canada, you may be able to apply for a record suspension (previously known as a pardon), with the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be inadmissible.
If you received a record suspension or a discharge for your conviction in another country you will need to check with the visa office in your home country if the pardon is valid in Canada
A temporary resident permit lets you enter or stay in Canada if it has been less than five years since the end of your sentence or you have valid reasons to be in Canada.
Contact us to arrange a consultation to discuss how we may be able to assist you with potential criminal inadmissibility to Canada.
If you plan to visit for six months or less you generally do not require a medical exam, unless you plan to work in certain jobs such as:
If you plan to visit for more than six months, you will need a medical exam if you:
In most cases people get through this stage with no issue, however there are cases when an applicant may be refused entry on health grounds.
The main reasons are if the condition:
In certain circumstances, an individual who does not meet the Canadian medical requirements may be granted a Temporary Resident Permit (TRP) to enter Canada.
Contact us today to discuss how we may be able to assist you with potential medical inadmissibility to Canada.
A TRP is a document that authorizes a person who is inadmissible or does not meet the requirements either as a temporary resident or as a permanent resident to enter or remain in Canada.
A TRP is valid for a specified period of time, usually the length of your visit to Canada; you must leave Canada by the expiry date of the permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
If you would like to receive a permit, an application can be made at the border or from the consulate in your home country. A processing fee is required, which is not refundable. The application requires strong justification that there is good reason for you to travel to Canada. It is assessed by an officer but there is no guarantee that the TRP will be issued.
For more information regarding TRP’s and to discuss your eligibility please contact us for a consultation.
If you have been the subject of a removal order from Canada you will probably need an Authorization to Return to Canada (ARC) if you want to return. It is essentially asking the Government of Canada for permission to come back into the country.
Whether you need one depends on the type of removal order that was issued.
There are three types of removal order are
If you received a Departure Order and left Canada within the required 30 days and verified your departure with a Canadian immigration officer at the port of exit you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.
If you were issued an Exclusion Order and 12 months have passed since you left Canada and you have a Certificate of Departure showing the date you left Canada you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.
If you have been the subject of a Deportation Order you will need to apply for an ARC.
If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada.
If you received A Direction to Leave Canada, this is not a removal order; you do not need to apply for an ARC. You can return to Canada subject to normal examination at the port of entry.
Applying for an ARC
When an officer assesses your application, they will consider, among other things:
In most cases an ARC is associated with another application and will be processed and reviewed in the context of that application. For example, if the applicant requires a visa to visit, study, or work in Canada, he or she does not make a separate ARC application.
The only situation in which this would not be the case is if the applicant did not need a visa to come to Canada, for example if he or she is a citizen of a visa-exempt country. In this scenario, an ARC application can be submitted on its own.
There is no guarantee that you will be issued an Authorization to Return to Canada, and if the Government of Canada spent money to remove you from the country, you will have to repay any costs before an ARC will be issued.
If the above situations apply to you, we can assist you with this. Contact us to find out how we can help you return to Canada.
The two main eligible requirements for any rehabilitation application are that you must meet the following:
Depending on the crime, how long ago it was and how you have behaved since, you may still be allowed to come to Canada, if you convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or you have applied for individual rehabilitation and were approved.
Under Canada’s immigration law, deemed rehabilitation means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada. To be deemed rehabilitated, the person must not have committed or been convicted of any additional indictable offence.
You may be deemed rehabilitated depending on:
In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada before you will be admissible to Canada.
If a person who was convicted of an offence or who has committed an act or omission does not meet the eligibility criteria for deemed rehabilitation, that person may be eligible to apply for Individual rehabilitation by presenting an application for Criminal Rehabilitation.
If you apply for individual rehabilitation to enter Canada, it is at the discretion of the Minister, or their delegate to grant it or not. To apply, you must:
This may require demonstrating community ties, a stable lifestyle, social and vocational skills, the crime was an isolated event and that you are in fact rehabilitated which means you are not likely to commit new crimes.
If you need an Electronic Travel Authorization (eTA), you have to submit a separate application for criminal rehabilitation before you apply for your eTA. Once you have received confirmation of your rehabilitation, you may apply for an eTA. If you apply for your eTA before you receive your rehabilitation, your application will be assessed based on the information currently available, and may result in the refusal of your application.
For further information contact us for a consultation on how to overcome potential issues surrounding inadmissibility to Canada.
The three main options are:
If you have received a refusal letter and your application was refused due to missing information or mis-interpreted information, you may feel that it is an issue that can be easily rectified. In this case you may be to offer additional information or clarify a part of the application that is the concern and request the application decision be reconsidered.
In this case you could reapply again to the same application you were previously refused. This is only beneficial if your circumstances have changed and you have new information that will improve, enhance or clarify your application. It is important to find out where you went wrong the first time to improve your chances.
Appeals for visa decisions are made through judicial review in the Federal Court of Canada. In these instances you will need to show that the program manager at the Canadian visa office assessing your case, acted against the law, unfairly or outside of their jurisdiction. In the case of appeals there are different timelines to lodge an appeal if the refusal was made inside or outside Canada.
Cases that involve permanent residents, refugees, sponsorship or removals are usually appealed to the Immigration Appeal Division.
In most cases the refusal you receive from CIC may not be very detailed, or you may disagree with the decision entirely. We can help you get better clarification on the decision if necessary, request reconsideration, assist with preparing a stronger application or advise if the appeal route is appropriate.
Contact us for a consultation to discuss your case, we will advise of your best options and give guidance of what your next steps should be.
A police certificate is a copy of your criminal record or a statement that you do not have a criminal record. Police certificates are different in each country and territory. They may be called:
Police certificates are used to find out if you have a criminal record. They help visa officers make sure you are not a security risk to Canada.
In general the main applicant and all family members who are 18 or older need to get a police certificate. You will need a police certificate from any country or territory that you have spent six months or more since the age of 18.
Depending on the type of application you are submitting will determine at what point you will need to submit the police certificate. To avoid delays, we advise that you should get all of your police certificates as soon as possible, especially if more than one is required, as it may take long to process depending on the country.
In most cases, you must contact the police or government in the relevant country, to ask for a certificate and provide information or documents, such as photographs, fingerprints, or your addresses and dates that you lived in the country or territory and pay a fee.
We will give you detailed instructions on how and when to obtain police certificates that pertain to your application.