Inadmissibility because of medical issues

Individuals who may cause serious health risks to people in Canada because of their health issues are inadmissible in Canada. People who are likely to cause an excessive burden on Canada’s public health system because of their health also face inadmissibility as per Canadian immigration rules.

The immigration officer determines the health risks to prevent the person from entering or staying in Canada. Recovering from the medical condition is the best option to restore admissibility in such cases.

Being criminally inadmissible in Canada

A person is inadmissible in Canada because of a criminal record or specific medical conditions. Learning about inadmissibility at the border or before boarding the flight is an unpleasant surprise. Canadian immigration officers can refuse entry to a person on medical or criminal grounds.

Inadmissibility results in a denial of entry if an individual commits an act in another country, which is a criminal offense in that country and Canada. The following factors make a person criminally inadmissible in Canada.

• Committing a criminal act in another country that is an indictable (serious) offense in the Criminal Code of Canada 

• Changes of over one non-indictable (non-serious) offense, as per Criminal Code in Canada. 

• The Canadian immigration system perceives an arrest or charge as sufficient grounds for inadmissibility. 

These are some reasons for inadmissibility in Canada:

• A conviction for a criminal offense in Canada

• A conviction for an offense outside Canada that is a crime in both countries

• A punishable crime outside Canada, having an equivalent offense in Canada, which would attract punishment.

Determining the Canadian equivalent of the criminal offense occurring outside Canada is necessary before deciding on criminal inadmissibility.

Checking the criminal history

Background checks and police verification certificates are principal requirements to know about an individual’s background as a criminal. Canadian immigration officers can access state police records or criminal history reports to check the individual’s criminal history.

Border agents can question an individual or deny entry at the border point if the person has any pending charges. They can alert the authorities if someone with a criminal record is on a particular flight because they have access to the passenger lists before the flight lands. Getting a police clearance is crucial to convince immigration officers about your law-abiding attitude.

Types of offenses causing criminal inadmissibility

• Frauds- Theft, misappropriation of funds, and credit card offenses are a few examples of crimes under the category of fraud.
• Driving offenses– Serious violations of driving rules within or outside Canada, including reckless driving or driving under intoxication, can make an individual inadmissible in Canada.
• Drug crimes– An individual possessing, selling, distributing, consuming, or purchasing drugs can face inadmissibility in Canada. The Canada Criminal Code categorizes drug offenses under various schedules. The schedules help assess the gravity of the crime. The seriousness of the offense depends upon factors such as the type and quantity of the drug.

Dealing with criminal inadmissibility 

There are ways to become admissible if you are facing inadmissibility in Canada. The following strategies can help you enter Canada despite criminal inadmissibility.

• Entering Canada temporarily 

• Criminal rehabilitation

• Legal opinion letter

Temporary Resident Permit

A Temporary Resident Permit is a short-term option to enter Canada despite being inadmissible. TRP is a suitable alternative to enter Canada for a day’s trip or multiple entries for up to three years, with an option to extend the stay while in Canada. A person facing criminal charges may enter Canada on a Temporary Resident Permit.

The following requirements are crucial to enter Canada temporarily:

• Apply for temporary residency by paying application fees

• Submit a justifiable reason for traveling to Canada

The option of a Temporary Resident Permit application may not guarantee a stay or entry into Canada. The chances of entering Canada are brighter if you did not go to jail for the offense or if the crime is not severe in view of the Canadian Criminal Code.

The decision to determine admissibility while issuing a Temporary Resident Permit is the sole responsibility of the immigration officer. The decision to grant temporary entry to an individual inadmissible in Canada requires a justifiable reason, which goes beyond the risk because of a criminal history.

Criminal rehabilitation

A temporary Resident Permit needs periodic renewal, as it is a makeshift solution for entering Canada. Permanent removal of criminal history is possible through the process of criminal rehabilitation.

Getting the approval for criminal rehabilitation makes an individual permanently admissible. It eliminates the need to apply for Temporary Permit. 

Criminal rehabilitation is a permanent alternative to entering Canada. The following conditions influence the approval of the application for individual rehabilitation.

• Passage of five years since the last criminal act

• Five years after the criminal sentence  

• Completion of rehabilitation

• No possibility of the individual committing other crimes  

Criminal rehabilitation application requires an individual to pay processing fees as per the seriousness of the crime. The processing fees are:

• Non-serious crimes– CAD 200

• Serious crimes– CAD 1000

The processing period after submission of the rehabilitation application is up to 12 months.

Legal opinion letter to avoid inadmissibility

You can proactively avoid criminal inadmissibility if you have a criminal history. A Legal Opinion Letter is a suitable solution for preventing an awkward situation of facing inadmissibility.

The Legal Opinion Letter by a Canadian immigration counsel mentions the Canadian equivalent of the crime. It helps you assess the consequences and plan an appropriate defense while responding to the charges.  

Choosing a knowledgeable inadmissibility consultant

Criminality or medical issues make you inadmissible in Canada. It prevents entry as a visitor, student, or worker. It can also impact your eligibility to become a permanent resident in Canada. Inadmissibility rules can affect permanent residents or foreign nationals willing to migrate to Canada. The constitution of Canada exempts Canadian citizens from inadmissibility.   

Duke View is the right immigration resource if you have inadmissibility issues. We assess your situation to craft an effective solution to boost the chances of your Canada immigration. Our immigration experts help you choose the right immigration pathway suitable for your situation. We provide knowledgeable support at every stage to help you settle in Canada.