Canada is famous for its openness towards immigrants and is ranked among the most desirable countries to live and work in. However, not everyone can get into the country, as the following requirements show. There are several reasons that can lead to a person’s inadmissibility to Canada, that is, the person cannot enter the country or stay there. Knowing these reasons and how to get around them is essential. This is where the help of Canadian immigration lawyers comes in handy.
Types of Inadmissibility
Let’s check the types of inadmissibility to Canada.
1. Criminal Inadmissibility
Criminal history is perhaps one of the easiest grounds for inadmissibility to be met, for it applies to a fairly large number of persons. This entails both petty and serious crimes. It’s also important to note that if the crime was committed in another country, it could impact your eligibility. Crimes such as theft, physical attack, sales of prohibited substances, and driving under the influence of alcohol or other related substances are usually analyzed. The Canadian immigration authorities take into consideration how grave the crime was under what circumstances it was committed and how long ago the person was convicted.
2. Security Grounds
There are security reasons for which a person may be considered inadmissible such as espionage, subversive activities or terrorist activities. Previous involvement in organizations with activities that are considered inadmissible makes one inadmissible as well. The Canadian government pays much attention to national security and even a mere hint of complicity is enough to result in a refusal.
3. Health Grounds
Medical inadmissibility can arise when a person has a health risk that is likely to endanger the health of others or when the applicant’s health requires the use of excessive health or social services. These are diseases that can be transmitted from one person to another, severe mental illnesses, and physical handicapping conditions for which the affected person needs to rely on others.
4. Financial Reasons
Candidates need to show that they have sufficient financial resources to sustain themselves and their dependents during their sojourn in Canada. If an individual is unable to provide evidence of financial stability, he or she may be declared inadmissible. This is to prevent the newcomers from becoming a menace to the social welfare system of Canada.
5. Misrepresentation
Misrepresentation is a process of giving false information or keeping vital information from immigration officers while applying for immigration. This comprises forging documents, lying, or failure to disclose relevant information. This is especially so where false statements are made as this attracts a five-year ban from Canada.
6. Non-compliance with IRPA
Non-compliance with the terms of the Immigration and Refugee Protection Act (IRPA) also makes a person become inadmissible. This includes offenses like overstaying the visa, working without legal permission, or not following the terms of entry or residence.
7. Family Member Issues
If any of the family members is inadmissible on any of the grounds mentioned above, it may lead to refusal of the application for the whole family. This means that an inadmissible spouse, child, or dependent can lead to refusal of an application for all applicants.
Solutions to Overcome Inadmissibility
Lets check the solutions to overcome Inadmissibility
1. Criminal Rehabilitation
The best approach for those with a criminal record is to apply for criminal rehabilitation. This process involves proving that one has been reformed and will not repeat the same mistake again. Usually there is a waiting period that is set at five years from the time when the convict completes serving his or her term. The successful application will get rid of the inadmissibility for life.
2. Temporary Resident Permits (TRP)
If the inadmissibility concerns cannot be addressed through rehabilitation or some other permanent means, a Temporary Resident Permit (TRP) may enable a person to come to Canada for a limited time. TRPs are provided on a case-by-case basis by immigration officers and are provided when the need to enter Canada is deemed to outweigh the risks. PRs are employed for emergency or special reasons, such as compassionate grounds.
3. Medical Examinations and Waivers
Concerning the health-related grounds of inadmissibility, an applicant is often expected to present him or herself for a medical examination by a Canadian-designated physician. Occasionally, a person can apply for a medical inadmissibility waiver. This waiver entails proving that the ailment in question will not be detrimental or will not consume a lot of resources.
4. Legal Advice and Representation
Inadmissibility issues are quite intricate and may require professional help in most cases. Professional immigration lawyers in Winnipeg and other regions of Canada focus on such issues and provide crucial assistance. They can help prepare the required documents, defend clients in court, and offer tactics for resolving inadmissibility concerns.
5. Misrepresentation Resolution
To remedy misrepresentation, one needs to give accurate and exhaustive details in subsequent applications and seek legal action if necessary. Applicants can be refused entry to Canada for a certain period, known as the inadmissibility period, after which the applicant can reapply again.
6. Financial Proof and Sponsorship
Applicants are required to bring proof of adequate funds to avoid being regarded as financially inadmissible. This can be a bank statement, pay stubs, or an affidavit from someone in Canada who will be responsible for the applicant’s financial needs.
7. Compliance with IRPA
Compliance with the general provisions of the IRPA should be more stringent. This includes having a valid status, following the conditions of stay, and addressing any violations. Legal consultation is helpful when it comes to these requirements.
Conclusion
Being inadmissible to Canada is a major challenge, but it is by no means impossible to overcome. It is important for those who desire to immigrate to Canada to understand the different categories of inadmissibility and the potential remedy. All these barriers are not insurmountable; one can get a TRP, rehabilitate from a criminal background, deal with health issues, and seek the help of a lawyer. Winnipeg immigration lawyers are essential to helping people navigate this complicated ordeal and successfully immigrate to Canada.