It should be emphasized that if you have a family member who is not eligible for admission, you will also be deemed ineligible for entry into Canada. Put simply, if a family member is accompanying the applicant who is deemed inadmissible to Canada or is included in a visa application, the entire application and any family members involved will be rejected. Nevertheless, there exist strategies to surmount inadmissibility and gain permission to enter Canada.
Exclusion from entry due to criminality
Criminal inadmissibility pertains to individuals who are prohibited from entering Canada due to their commission or conviction of a crime, whether within or outside of Canada.According to section 36 of the Immigration and Refugee Protection Act, individuals who are not Canadian citizens and those who have obtained permanent residency status may be considered inadmissible due to significant criminal offenses.
a. Being found guilty in Canada of a crime specified in a federal law that carries a potential maximum jail sentence of at least 10 years, or being given a prison sentence exceeding 6 months;
b. Being found guilty of a crime outside of Canada that, if done in Canada, would be considered a crime under a federal law and may result in a jail sentence of at least 10 years.
c. Engaging in conduct outside of Canada that is considered a crime in the jurisdiction where it occurred, and if conducted within Canada, would be considered a violation of a federal law punishable by a maximum prison sentence of at least 10 years.
Non-acceptance
Furthermore, a non-citizen may be deemed inadmissible based on criminal grounds for:a. Being found guilty in Canada of a crime specified in an Act of Parliament that carries a punishment of imprisonment, or being found guilty of two crimes specified in any Act of Parliament that are not related to the same incident;
b. Being convicted of a crime outside of Canada that, if done in Canada, would be considered a serious crime under a federal law, or being convicted of two separate crimes that are not related to each other, but would be considered crimes under a federal law if committed in Canada;
c. Engaging in conduct outside of Canada that is considered a crime in the jurisdiction where it occurred, and if committed in Canada, would be considered a serious offense under a federal law.
d. Engaging in a violation of a specific law passed by the Canadian government, as specified by regulations, while entering Canada.
Medical inadmissibility refers to the condition when an individual is deemed ineligible for certain medical reasons.
a. They pose a potential threat to public health;
b. They are prone to pose a risk to public safety; or
c. They could reasonably be anticipated to result in an overwhelming demand for health or social services.
Medical inadmissibility
According to Section 38 of the Immigration and Refugee Protection Act, a foreign person, who can be any anyone seeking to visit, study, work, or permanently reside in Canada, is considered inadmissible on health grounds if:a. They pose a potential threat to public health;
b. They are prone to pose a risk to public safety; or
c. They could reasonably be anticipated to result in an overwhelming demand for health or social services.
Public Health Hazard
If the Immigration, Refugees and Citizenship Canada (IRCC) determines that your health condition poses a risk to the public health of Canada, your application may be rejected based on the findings of your immigration medical examination. When considering your application, IRCC will examine the following factors:- The results of your immigration medical exam, which include laboratory results conducted by designated third-party physicians,
- Any more specialist reports that are requested by their medical officers
- if you are afflicted with certain contagious illnesses, such as current tuberculosis, or if you have had close proximity to individuals who are infected with a contagious sickness
- The potential impact of your illness on other individuals residing in Canada.
Threat to Public Safety
If the results of your immigration medical exam indicate that your health condition poses a threat to public safety, your application may be rejected by IRCC. When evaluating your application, IRCC will take into account the following potential hazards:- Abrupt disability (deprivation of physical and cognitive functions)
- Unforeseeable or aggressive conduct
- Overwhelming demand on health or social services
If your health condition meets the following criteria, it is deemed to produce an excessive demand:
Accessing the necessary health or social assistance for your health condition would have a detrimental impact on the waiting periods for services in Canada. The expenses associated with the necessary services for treating and managing your health condition are expected to exceed the threshold for excessive demand costs. Threshold for the cost of excessive demand
This is the threshold that IRCC uses to determine if the expenses related to your health condition will burden Canada's healthcare and social services.
The cost threshold for the temporary public policy in 2019 is $102,585, which is calculated over a period of 5 years, resulting in an annual amount of $20,517.
Instances that deviate from the norm or established rules.
There exist a limited number of exceptions to the regulations on medical inadmissibility due to excessive demand.
- 1. Individuals seeking refuge and their family members who rely on them for support
- 2. Individuals under protection
- 3. Individuals who receive financial support from their family, including children who rely on their parents, spouses, and partners in a common-law relationship
B. Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is a legal document that grants entry or allows someone who is inadmissible or fails to meet the conditions of the Immigration and Refugee Protection Act (IRPA) to stay in Canada as a temporary resident permit holder.Typically, if you are deemed inadmissible, you are forbidden from seeking other visas to Canada, such as work, student, and business visitor visas. Occasionally, an officer may grant a Temporary Resident Permit (TRP) to permit the entry or stay of an individual in Canada who is either inadmissible or fails to meet the provisions of the Immigration and Refugee Protection Act (IRPA), under the following circumstances:
- The individual's intention to enter or stay in Canada is weighed against the goals of the Immigration and Refugee Protection Act (IRPA).
- The issuance of Temporary Resident Permit (TRP) and the necessity of the foreign national's presence in Canada surpass any potential threats to Canadians or Canadian society.
- The issuance of the TRP is solely at the discretion of the delegated authority and can be revoked at any moment. Therefore, submitting an application for a TRP does not ensure that it will be granted. The officer will make their decision based on their assessment of the justification for your purpose of entering Canada and the perceived risk you may bring to Canadian society. You are required to provide evidence that your motives for entering or staying in Canada are rational and well-founded.
At Chandra Law Group, consult with the Immigration Lawyers Toronto to address and resolve your Criminal Inadmissibility issues in order to get entry into Canada.