Canadian Border agents and Inland Immigration Officers will consider a number of factors when determining if you are admissible to Canada. There are a number of reasons you may be deemed inadmissible.
Four common reasons are:
1) Arriving at the border with missing documentation, or without a proper visa.
2) A previous criminal conviction. Citizenship and Immigration Canada looks at each applicant’s criminal history and compares any previous conviction with the equivalent Canadian legislation. Common examples of previous offences that could render you inadmissible is a DUI or an assault conviction.
3) Finally, you may not be allowed to enter Canada if you or an accompanying family member are deemed medically inadmissible. These rules are in place to protect the Canadian health care system from abuse or excessive expense. The Government of Canada defines the criteria for medical inadmissibility as anyone who might reasonably be expected to cause excessive demand on health or social services.
4) If you have been found to have made a misrepresentation on your application you can be found inadmissible to Canada and face a 5-year bar on entering Canada.
Prior to arriving in Canada, our team of dedicated immigration lawyers in Toronto will help ensure all of your documentation, identification, and permits are prepared so that you can mitigate the risk of issues at the border. We can also be available upon your arrival to help in case you are brought in for additional screening or questioning.
In the case of Criminal Inadmissibility, you have two main ways to attempt to enter Canada. Firstly, you may consider seeking Criminal Rehabilitation. This is a lengthy application process that will be granted when the individual is no longer considered a risk for criminal reasons and is considered reformed. An applicant is only eligible for Criminal Rehabilitation after some period of time has passed from the time of the conviction. In other cases, a Temporary Resident Permit may be a better option because it allows the individual to come to Canada temporarily despite the conviction. A Temporary Resident Permit is an exceptional remedy and requires an urgent and compelling reason for coming to Canada to be established.
Canada’s requirements for medical inadmissibility have changed recently. If you have been alerted to the possibility of being deemed medically inadmissible, we may be able to work with you to ensure that a medical inadmissibility finding is not made
Inadmissibility decisions can be appealed to the Immigration Appeal Division (“IAD”) or judicially reviewed in the Federal Court. The proper venue depends on the nature of the decision and your status in Canada.
Over the years our team of expert lawyers has tackled difficult inadmissibility decisions both at the IAD and in the Federal Court. Working directly with our lawyers we will present the very best case possible in support of your IAD appeal or Federal Court application.