How can I resolve inadmissibility to Canada?
Inadmissibility could prevent foreign nationals from immigrating to Canada. It even could cause the removal of permanent residents or foreign nationals from Canada. However, depending on the reason, you could resolve the issues. Of course, if you do not address the underlying issues, you could seek temporary remedies. This article explores both temporary and permanent solutions to inadmissibility. Nonetheless, I recommend visiting the following page before reading this article.
Table of Contents
- What to do if you believe you are admissible?
- Temporary solutions
- Addressing criminal issues
- Dealing with medical inadmissibility
- Addressing financial inadmissibility
- Resolving misrepresentation
- Serious issues
- Family members’ issues
- Inadmissibility with an expiry date
- Inside Canada problems
- We could help!
If an officer believes you are inadmissible, they send you a Procedural Fairness Letter (PFL). Of course, this is your moment to resolve the problem. If you believe you are admissible, you need to show convincing documents to the officer. However, if the officer refuses your application, you may consider filing for Judicial Review (JR). You need to hire a lawyer to file for the JR via the Federal Court. If you win the case, then another immigration officer will review your inadmissibility.
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Regardless of the options, I present here; you could always consider requesting a Temporary Resident Permit (TRP). Visit the following link to understand this option. However, keep in mind that TRP is a temporary solution (some exceptions apply).
If you are inadmissible due to criminality, you could address it depending on where the conviction occurred.
You could read the following article for more information:
The solution to medical inadmissibility is to apply under H&C. However, a successful TRP for medical inadmissibility could eventually result in permanent residence. Sometimes, you could address the medical inadmissibility by resolving the medical issues. For example, going through surgery. There are some alternative solutions, as well. For example, in excessive demand situations, you could cover some of the expenses yourself. Of course, you need to consult with a professional to see how to handle these options.
Probably the best approach to financial inadmissibility is prevention. In other words, if you are immigrating to Canada, make sure you meet the financial requirements or don’t apply at all. It would be best if you also convince the officer you intend to remain financially independent in Canada. However, if you are inadmissible due to financial reasons, consider filing for H&C.
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Misrepresentation causes temporary inadmissibility for sixty months. Therefore, the obvious solution is to wait for five years and then apply for Canada. However, if you intend to resolve the issue sooner, consider H&C or TRP. Regardless, I encourage you to watch my video on this topic.
Unfortunately, H&C is not an option for the following issues:
- Security reasons (e.g. terrorism and espionage)
- Human or international rights violations
- Organized criminality
Sometimes, you become inadmissible because of a family member. Of course, the obvious solution is to resolve the inadmissibility of the family member. However, you could also explore alternative options such as H&C or TRP.
As I mentioned earlier, misrepresentation causes temporary inadmissibility. Some other examples of temporary inadmissibility include,
- Losing the PR status because of not meeting the residency obligations: You are inadmissible for as long as you are inside Canada. However, if you comply with your departure order, you won’t be inadmissible as soon as you leave Canada.
- Receiving an Exclusion order because of non-compliance with the immigration Act (e.g. if you overstay in Canada): You will remain inadmissible for only one year upon leaving Canada.
- If the criminal inadmissibility is under paragraph 36(2)(d): In other words, committing an offence upon entering Canada, if that crime constitutes inadmissibility under section 19 of IRPR (Sorry for the gibberish :D). Such problems could lose their effect if you withdraw your request for entering Canada and leave the country. However, run your documents with a professional to make sure this is the case.
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If you become inadmissible while inside Canada, you could receive a removal order. However, you usually need to fight for staying in Canada by attending a hearing at the Immigration Division of IRB. Consequently, you could also attend an appeal hearing at the Immigration Appeal Division of IRP. Of course, if you lose the battle, you will receive a removal order. Depending on the nature of the removal, you may need to apply for an ARC on top of addressing the underlying issue. Read the following articles for more information.
- Authorization to Return to Canada – ARC Application
- Canadian Immigration Courts and Administrative Tribunals
If you have an inadmissibility issue, fill out the following form. We will contact you as soon as we can.
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This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
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