Canada has strict admissibility requirements for foreign nationals who wish to enter the country. These conditions include passing a criminal background check and undergoing a medical examination. If these conditions are not met, applicants may be deemed inadmissible. However, there are ways to overcome inadmissibility, whether due to criminal or medical reasons.
Criminal Inadmissibility and How to Overcome It
Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) are committed to ensuring that individuals who pose a potential risk to public safety are not allowed to enter Canada. If you have been arrested or convicted of a criminal offense, you may be considered criminally inadmissible. This applies even if the offense occurred outside of Canada, as your admissibility is assessed based on how the foreign offense compares to Canadian law.
If the crime is categorized as a summary offense, which is a lesser offense in Canada, and it is your only criminal conviction, you may still be considered admissible. However, if the offense is equivalent to a serious crime under Canadian law, you may face criminal inadmissibility.
There are three primary ways to overcome criminal inadmissibility:
- Temporary Resident Permit (TRP): This permit grants temporary access to Canada for those who have a valid reason for entering the country. A TRP can be issued for up to three years, depending on the purpose of the visit, and it does not require the applicant to have completed their criminal sentence.
- Criminal Rehabilitation: This permanent solution allows individuals to clear their criminal record for immigration purposes. After approval, the applicant will no longer be considered inadmissible, and no TRP will be needed for future entry. To be eligible, you must have completed your sentence, and at least five years must have passed since your sentence was completed.
- Legal Opinion Letter: A Canadian immigration lawyer can draft a legal opinion letter explaining the consequences of a criminal conviction for immigration purposes. This letter can help the immigration officer assess the case and may offer suggestions for alternative outcomes that would not result in inadmissibility.
Medical Inadmissibility and How to Address It
All applicants for Canadian immigration are required to undergo a medical examination. If a medical condition is found that could pose a risk to public health or safety, or if the applicant is expected to place an excessive demand on Canada’s healthcare system, they may be deemed medically inadmissible.
To challenge medical inadmissibility, applicants can demonstrate that their medical condition will not exceed the average cost of medical treatment in Canada, or they can present humanitarian and compassionate reasons that would justify an exception.
Overcoming inadmissibility requires careful preparation, but it is possible to gain entry to Canada with the right legal steps.