Immigration law

HAVE YOU EVER BEEN CONCERNED ABOUT ADMISSIBILITY ISSUES?

Have you been refused unexpectedly at the Canadian border by an Immigration Officer?

Learn why, when, and how to overcome Inadmissibility Criteria before entering the borders or planning your next journey to Canada by exploring few or more options to make your application stronger through regulated and experienced Immigration Consultants at AMK Global now.

Countless individuals craving to arrive or immigrate to Canada are much surprised to hear that any previous criminal records in their life can cause a Canadian Immigration Officer to decline their entry or visa application based on criminal inadmissibility. So read out more below to learn about the Inadmissibility Criteria to Canada to support your application.

The meaning of 'INADMISSIBLE.'

Certain people who intend to come into Canada might not be allowed to do so due to some reason where they fall as ‘admissible’ to enter Canada according to the Canadian Immigration Law.

This decision-taking happens typically when a Canadian Immigration Officer decide this at two of the following situations;

  • When you apply for a Visa or
  • When you apply for an Electronic Travel Authorization (eTA) or
  • At the time when you arrive at the Port of Entry

Usually, they will make these decisions on three broad categories: specific Security criteria, criminal records, or medical reasons. Accordingly, if you ever fit into any such, you will not be permitted to enter Canada.

Upon being inadmissible to Canada

If this happens, if you become inadmissible, the typical case is you are not allowed to enter the country. 

Or else, under normal circumstances, if you have a proper reason to enter the country to reside few months, then the Government of Canada will issue you a Temporary Resident Permit. 

Before entering the country, if you are well aware of your eligibility and that you may not adhere to the criminal clearance requirements, for example if you have committed or have  ever convicted for some kind of a crime in your history, you also have the chance to overcome your Criminal Inadmissibility through experienced and regulated Immigration consultants like AMK Global, so reach us now to assess your unique case, which we will assist you to overcome your hurdles.

How could you be found inadmissible?

There can be several reasons for your objectionable, such as:

  • For security reasons, including
  • surveillance
  • Treason (attempts to overthrow a government, etc.)
  • ferocity or terrorism
  • membership in an organization involved in any of these
  • Committing a crime, such as driving while under the influence of alcohol/drugs.
  • organized crime, including affiliation in an organization that takes part in organized criminal activity, for example, people smuggling or money laundering
  • for violating human or international rights, including
    • engaging in crimes of war
    • crimes that are against humanity
    • being engaged in violating gross human rights or subject to international sanctions as a senior official in a government
  • medical reasons – this includes medical conditions that:
    • jeopardize public health
    • jeopardize public safety or
    • causes excessive demand on health or social services (some applicants are exempt)
  • misrepresentation of information, which includes providing false information or withholding information directly related to decision making as per the Immigration and Refugee Protection Act (IRPA)
  • financial reasons – inability and unwillingness to support yourself and your family members
  • a precluded family member.
  • failure to conform with any provision of IRPA or

If you are inadmissible for Canada, there are still viable options available. Contact us today for a free consultation.

Inadmissibility to Canada might mainly affect a broad range of people. Despite this, individuals in certain situations may be affected from a personal or career perspective. 

Some of them may include:

  • Performing artists

People transiting through Canada

  • Airlines and their staff
  • Those who are traveling to and from Alaska
  • Those who are wishing to go on a hunting or fishing trip to Canada
  • Those who are engaged in cross-border trade
  • People 
  • who have performed a crime inside Canada in the past or have been charged with a crime in Canada.

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CRIMINAL INADMISSIBILITY

  • For those who have Sentences – Less than 5 years ago: If you are recognized as offensive against the Canadian equivalent under an Act of Parliament (Federal), you will be termed as criminally inadmissible. An alternative could be a Temporary Resident Permit to overcome the barriers.
  • For those who have Sentences ended more than 5 years but less than 10 years ago: If you are recognized as offensive against the Canadian equivalent under an Act of Parliament (Federal), you will be termed as criminally inadmissible. An alternative could be a Temporary Resident Permit to overcome the barriers.
  • For those who have Sentences ended more than 10 years ago: If you are recognized as offensive against the Canadian equivalent under an Act of Parliament (Federal), you can “Deemed Rehabilitated” with limited and further actions.

Other Immigration Obstacles

Process for Immigration to Canada can be a time-consuming and complicated process. If any of the following are creating such a burden, we request you to contact us at the earliest time possible. We will ensure to assess your problem and provide as viable solutions as possible. 

  • Application Refusal 

Sometimes, a Canadian immigration application can be refused, and in some cases, this can be challenged. Was your application refused? We may be able to challenge it.

  • Representation of legality 

Many people may not prefer having an immigration attorney submit their applications at first, but later on, they may decide to take up a legal representative for their application. 

  • Medical Inadmissibility

Passing the medical exam is a mandatory requirement for the principal applicant and all of their dependents in the immigration process. 

OVERCOMING Criminal Inadmissibility

To overcome criminal inadmissibility to Canada, there are three main ways identified as follows:

  • Rehabilitation

Individuals against criminally inadmissible are not to be allowed to enter Canada, but if the government of Canada considers them criminally rehabilitated, the opportunity still stands to overcome inadmissibility.

  • Temporary Resident Permit

A Temporary Resident Permit (TR) is a document that allows individuals recognized as inadmissible, to enter the country despite their inadmissibility. 

  • Legal Opinion Letter

This is a letter documented by the attorney that can assist an individual gain entry to Canada.

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