Canada is one of the friendliest countries with respect to immigration policies. It provides multiple channels through which immigrants can get entry, residence, and employment in the country or get admission into a Canadian school. However, not all entries or immigration requests are always approved.
There are various factors that can make an applicant inadmissible, hence disqualified from entering the country or being granted a visa. Causes of inadmissibility may include criminal offenses, medical and security, and misrepresentation.
Each applicant who intends to seek immigration status in Canada will find it quite important to know the causes of inadmissibility and ways through which these potential barriers can be overcome.
Criminal Inadmissibility
Perhaps the most common cause for removals from Canada is criminal inadmissibility. It would involve someone being convicted of any type of crime, either from within Canada or abroad. Even minor offenses, such as DUI or theft, will serve to render one inadmissible. The seriousness of the crime and how far in the past it occurred are factors immigration officers consider in determining admissibility.
People try to overcome criminal inadmissibility by applying for criminal rehabilitation. It is a legal process whereby applicants will prove that they are rehabilitated and no longer pose a risk. An application for criminal rehabilitation will only be taken into consideration once ample time has lapsed since serving the sentence.
In some applications, the applicants could also be deemed qualified for a TRP, which would allow them to enter Canada on specified grounds while actually being inadmissible.
Medical Inadmissibility
Medical inadmissibility applies to individuals whose health condition threatens public health or safety and can also be excessive in demand on the health or social services of Canada. Examples of conditions that normally require prolonged treatment or are infectious are tuberculosis and untreated HIV. Disabilities also come under the head of requiring high-level medical care and, too, are considered inadmissible.
Applicants who are medically inadmissible may be required to provide further evidence through medical documentation that shows the condition is dormant or does not pose a risk as earlier determined. An example is proof of ongoing treatment or that such a medical condition will not cause excessive demand on Canadian resources. Sometimes, such applicants may be required to agree to cover medical expenses while in Canada.
Security Inadmissibility
Security inadmissibility shall be invoked against individuals who are deemed to pose a threat to Canada’s national security. This may, therefore, include engaging in terrorism, espionage, or war crimes or even being a member of organizations that have been notoriously known to engage in such activities. Individuals who have participated in violence against civilians or have been affiliated with human rights abuses will also be denied entry into Canada.
However, inadmissibility due to security is normally hard to overcome since the burden lies with the applicant to show that they no longer pose a threat. This may in some cases call for litigation with an immigration lawyer and detailed documentation proving that the activities of the said individual never involved those aspects considered to pose a threat to Canadian security.
Misrepresentation
The other ground for inadmissibility is misrepresentation. This includes a situation where an individual has made a false statement while processing his or her immigration application. This could be anything as slight as not disclosing one’s criminal record or past immigration offenses or could involve forged documents. Canadian immigration authorities consider this a serious offense that might even bar one from entering the country for a period of five years.
In the case of a misrepresentation, it is usually overcome by the applicant making the false information and honestly portraying where one went wrong. Alternatively, an applicant may submit an application for a Record of Suspension (a pardon) or consult with a lawyer to advise them on how to reapply, which in turn shows that mistakes are fully disclosed. Honesty about mistakes in the immigration process sometimes leads to revisiting that process.
Financial Inadmissibility
Others, due to financial reasons, can be inadmissible. This is, of course, typically applied to individuals who cannot get a notch of the convincement of the officer that they can support themselves or their families during the period during which they intend to stay in Canada. If the immigration perceives that an individual is likely to depend on social assistance programs, it can deny entry.
It can be waived by making an application with supporting documentation that proves an applicant’s financial viability through bank statements and confirmation of employment. Quite often, a letter from a family member residing in Canada confirming that they are in a position to support the applicant during the duration of the period if need be is requested. In such cases, it is necessary that one is in a position to show adequate means to support themselves and would not apply for any social programs.
Legal Representation and Overcoming Inadmissibility
Though inadmissibility to Canada can be quite a complex issue to deal with, in many instances, the proper approach will see one through the barriers. In such cases, consultation with an immigration lawyer provides valuable insight into the particular nature of a person’s inadmissibility and how best to approach it. The lawyers advise applicants on criminal rehabilitation, application for temporary resident permits, or legal submissions necessary in proving admissibility.
Immigration lawyers are conversant with the current features of Canadian immigration law and such, may offer a personalized consultation to suit particular facts of the client’s case. Their specialty becomes even more applicable in cases involving criminal, medical, or security inadmissibility where forensic legal professional expertise is required in the appropriate resolution of the case
Conclusion
Application refusal to Canada can be one discouraging affair, yet obviously not the end of a would-be immigrant‘s dream road. The most common grounds for inadmissibility include criminality, medical, security, and misrepresentation, but all these can usually be overcome with proper legal and procedural steps.
The key to beginning another chapter in a wide-open, accepting country may involve merely understanding what comprises grounds of inadmissibility and proactive measures to avoid the same by filing for rehabilitation or upon advice of counsel.
