Category: Inadmissibility

Categories
Inadmissibility

Visa Officer Not Required to Determined Applicant’s Criminal Rehabilitation Unless Specifically Requested

Bike with a red maple leaf representing medical or criminal in admissibility to Canada

Each year, Canada welcomes millions of visitors and immigrants into Canada. However, not all foreign nationals are admissible to enter Canada. Even if someone tries to enter Canada with a visa, or is a citizen of a country that allows for visa free travel to Canada, they may not be admissible to enter Canada. An individual may be inadmissible for various reasons, so it is important to familiarise yourself with the laws that govern admissibility to determine whether they may apply to you.

The Federal Court recently heard a matter regarding an individual’s inadmissibility and the decision will have implications for individuals in similar circumstances.

Applicant convicted of using forged documents to enter United Kingdom

The Federal Court of Canada recently made a ruling in Bello v. Canada (Citizenship and Immigration), 2023 FC 1094, (hereinafter referred to as “Bello”) that has changed part of the law on inadmissibility. The Applicant, Olajuwon Fatimot Bello, (the “applicant”) went to England in May 2005 with her husband. In order to enter England, she used a falsified passport. Approximately five years later in February 2010, the applicant was arrested, charged, and convicted in the United Kingdom for the usage of forged documents. The applicant pleaded guilty to the charges.

In November 2017, the applicant came to Canada and made a claim for refugee protection along with her two children. In 2019, a report was written in accordance with section 44(1) of the Immigration and Refugee Protection Act outlining the applicant’s inadmissibility because of serious criminality.

Applicant makes claim for permanent residence in Canada under Pathway Program

In August 2021, while the Applicant’s refugee claim was pending, she made an application for permanent residence under the Pathway Program. In her application, she acknowledged that she was inadmissible, but was seeking an exemption by applying for permanent residency under humanitarian and compassionate grounds. Humanitarian and compassionate grounds applications can be made by foreign nationals within Canada in order to apply for permanent residence, with certain restrictions on who can apply.

The applicant’s application was refused, as the reviewing visa officer determined that she was not eligible due to serious criminality after being convicted of an offence that would be punishable in Canada for a term of at least ten years.

Applicant appeals visa officer’s decision to refuse application

The applicant appealed this decision, arguing that the visa officer erred in their determination because they failed to determine whether she was deemed rehabilitated. Despite her argument, the Federal Court ruled against the applicant.

The Federal Court found that the visa officer did not err in failing to consider whether the applicant was deemed rehabilitated, as that argument was not before the officer. The applicant had conceded in her application that she was criminally inadmissible to Canada, and her humanitarian and compassionate application sought a waiver in order to find her admissible, not to deem whether she had been rehabilitated. The effect of this decision means that a visa officer cannot decide if someone has been rehabilitated for the purposes of criminal inadmissibility, unless the applicant specifically requests for a rehabilitation determination to be made.

Medical Inadmissibility

A person may be considered inadmissible to Canada for medical reasons if a Canadian immigration official determines that the person who wants to reside in Canada either temporarily or permanently meets one of the conditions of inadmissibility.

Danger to Public Health or Safety

A person coming to Canada can be denied entry if it is found that they pose a danger to public health or safety. The danger to public health or safety is determined partly based on the results of the applicant’s immigration medical exam.

When it comes to public health, the Canadian Government will consider whether the applicant in question may have certain infectious diseases, such as active tuberculosis or active syphilis, or whether the applicant has been in close contact with others with an infectious disease. Additionally, Canadian officials will consider how the applicant’s disease could affect other people already living in Canada. When it comes to public safety, the Canadian Government will consider the sudden incapacity of the applicant and the chance of unpredictable and violent behaviour.

Excessive Demand on Health or Social Services

The Canadian Government may refuse an immigration application if it determines that the applicant has a health condition that could cause excessive demand on Canada’s health or social services. This decision is also partly based on the results of the applicant’s immigration medical exam. There are two factors that are considered for whether an applicant’s condition will cause excessive demand on health or social services in Canada:

  • whether the health or social services needed to treat the applicant’s health condition would negatively affect wait times for services in Canada, or
  • whether the services needed to treat and manage the applicant’s health condition would likely cost more than the excessive demand cost threshold.

The excessive demand cost threshold is a dollar value that the Canadian Government uses to determine if an applicant’s care will cause excessive demand on Canada’s health and social service systems. The specific amount is calculated each year and this information is made available to the public.

Overcoming Medical Inadmissibility

If an applicant is found to be medically inadmissible to Canada, they may still be permitted to gain entry in some cases. If an applicant submits a mitigation plan for excessive demand along with their immigration application, it is possible that they may gain entry to Canada, despite having a condition that would render the applicant otherwise inadmissible.

Criminal Inadmissibility

Those who have a criminal record can also be deemed inadmissible to enter Canada. For those with criminal records, there are various options available to overcome inadmissibility and be able to enter Canada. The extent and cause of the applicant’s criminal record matters is considered when attempting to overcome inadmissibility.

Overcoming Criminal Inadmissibility

There are a few ways to overcome criminal inadmissibility. The specific method that should be employed depends on the applicant’s circumstances.

Deemed Rehabilitation

If ten years or more have elapsed since an applicant’s last criminal charge, the applicant may be permitted to enter Canada. The ten years includes any probation, fines, and any other conditions of the sentencing. Admissibility, however, depends on several factors, including:

  • the seriousness of the criminal charge;
  • the applicant’s entire criminal record; and
  • the time that has passed since each charge.

Importantly, deemed rehabilitation is only available for a charge which if it had been committed in Canada, would carry a maximum prison sentence of ten years or less.

Individual Rehabilitation

For individual rehabilitation, at least five or more years must have passed since the Applicant’s last criminal sentence. If it has been five years, the individual can make a claim that they have been rehabilitated. When making such a claim, applicants are asked to show that they have:

  • a stable lifestyle;
  • a permanent home;
  • employment; and
  • letters of reference demonstrating their good character and that they are unlikely to commit new crimes.

Temporary Residence

A third way those who have criminal inadmissibility can enter Canada is through a temporary resident permit. In order to receive a temporary residence permit the applicant must have a valid reason to travel to Canada, and that reason outweighs any risk the applicant may pose in entering Canada. Temporary residence permits are limited to the amount of time required for the applicant’s visit. A legal opinion letter can help applicants obtain a temporary residence permit.

Contact Garson Immigration Law for Immigration Advice on Inadmissibility to Canada

The skilled immigration lawyers at Garson Immigration Law help guide clients through the intricate immigration process. At Garson Immigration Law, we pride ourselves on finding robust legal solutions to the most challenging immigration situations for businesses and individual clients. Our firm provides trusted legal advice on a variety of immigration matters, including permanent residence, citizenship, and study permits. To schedule a confidential consultation, please do not hesitate to call us at 416-321-2860 or reach out to us online.

Categories
Inadmissibility

Overcoming Inadmissibility in Order to Travel to Canada

Entry to Canada is not guaranteed to all foreign nationals, even if their country of citizenship has an agreement with Canada for visa-free travel to Canada. A foreign national may be deemed inadmissible to enter Canada for a variety of reasons, however, criminal inadmissibility and medical inadmissibility are two of the primary explanations. In certain cases, inadmissibility may be overcome. Therefore, potential travellers need to take the necessary precautions before travelling to Canada to avoid being denied entry at the Canadian border upon arrival.

Medical Inadmissibility 

Newcomers to Canada may be deemed medically inadmissible if a Canadian immigration official finds that the individual either temporarily or permanently fulfills one of the three criteria for inadmissibility. These criteria include:

  • whether an individual may be a danger to public health, 
  • whether an individual may be a danger to public safety, or
  • whether the needs of the individual will place an excessive demand on health or social services in Canada.

Danger to Public Health or Safety

A potential immigrant to Canada can be denied entry if it is found that they pose a danger to public health or safety. The danger to public health or safety is determined partly based on the applicant’s immigration medical exam results. 

The Government of Canada considers whether the applicant may be a danger to public health based on whether the applicant is a carrier of certain infectious diseases, such as active tuberculosis or syphilis, whether the applicant has been in close contact with others who carry an infectious disease, and how the applicant’s disease might affect other people living in Canada. When considering whether an individual may be a danger to public safety, an officer must consider the sudden incapacity of the applicant and the possibility of unpredictable and violent behaviour.

Excessive Demand on Health or Social Services

The Canadian Government may refuse an immigration application if it is determined that the applicant has a health condition which could cause excessive strain and demand on Canada’s health system or social services. This decision is partly based on the applicant’s immigration medical exam results. 

The two key factors that are considered when determining whether an applicant’s condition will cause excessive strain are whether the health and/or social services required to treat the applicant’s health condition would negatively affect wait times for services in Canada, and whether the services needed to treat and manage the applicant’s health condition would likely cost more than the excessive demand cost threshold. 

The excessive demand cost threshold is a dollar value which is used as a measuring tool by the government when determining whether an applicant’s care will cause excessive demand on Canada’s health and social service systems. As of 2022, the cost threshold is $120,285 over five years or $24,807 per year. If an applicant’s cost of care is found to likely cost higher than this threshold, it is likely the applicant will be found to be inadmissible. The threshold is based on the average cost of health care and social services in Canada, and therefore is updated each year.

Overcoming Medical Inadmissibility 

If a potential immigrant is found to be medically inadmissible, they may still be able to gain entry into Canada if they submit a mitigation plan for excessive demand along with their immigration application. To be successful, a mitigation plan must include specific criteria and attach the appropriate documentation, including how the applicant’s required service needs will be provided, how the applicant will pay for those services, and what the applicant’s financial situation will be while they reside in Canada. 

Criminal Inadmissibility 

A criminal record may cause difficulty for a potential immigrant trying to enter Canada. However, the extent and cause of the applicant’s criminal record will be considered to overcome inadmissibility.

For example, those with criminal records in other jurisdictions related to the possession of marijuana are still allowed to enter Canada, as marijuana is legalized. If an applicant was charged with a marijuana-related offence for possession under 30 grams, they may be allowed entry. However, a criminal record which includes trafficking marijuana or other distribution-related crimes may likely result in inadmissibility. 

Overcoming Criminal Inadmissibility 

For those with non-marijuana-related criminal record offences, other avenues are available to attempt to overcome inadmissibility to Canada.

Deemed Rehabilitation 

If ten years or more have elapsed since an applicant’s last criminal charge, the applicant may be permitted to enter Canada. The ten-year period includes probation, fines, and any other sentencing conditions. Admissibility, however, depends on the seriousness of the criminal charge, the applicant’s criminal record in its totality, and the time that has passed since each charge. Further, deemed rehabilitation is only available for a charge which would carry a maximum prison sentence of ten years or less if it had been committed in Canada. 

Individual Rehabilitation 

For individual rehabilitation, five or more years must have passed since the applicant’s most recent criminal sentence. This five-year period includes parole and probation periods as well. Under individual rehabilitation, an applicant can make a claim stating that they have been rehabilitated. Further, applicants are asked to show that they have a stable lifestyle, a permanent home, employment, and provide letters establishing their character reference confirming that the applicant would be unlikely to commit additional crimes in Canada.

Temporary Residence 

A third option is to enter Canada through a temporary resident permit. In order to receive a temporary residence permit, the applicant must have a valid reason to travel to Canada, which outweighs any risk posed by the applicant entering Canada. Temporary residence permits limit the amount of time for an applicant’s visit. A legal opinion letter may assist an applicant in obtaining a temporary residence permit. 

Contact Garson Immigration Law for Assistance with Overcoming Inadmissibility to Canada

The immigration lawyers at Garson Immigration Law have years of experience helping clients overcome inadmissibility to Canada. Our team helps clients address potential inadmissibility issues in advance of their travel in order to ensure that they have the best possible chance of being granted entry into Canada. If you have concerns about being granted entry to Canada or an immigration application, please do not hesitate to contact us online or call us at 416-321-2860.

Categories
Canadian Immigration Inadmissibility

What Are My Options After Criminal Inadmissibility?

Applying to come to Canada is no simple feat. What can make it harder is if foreign nationals or permanent residents have a criminal record. Now, not all criminal records mean that an applicant is going to be found inadmissible to enter Canada. This blog post will help you understand the concept of criminality and serious criminality as it relates to immigration law in Canada.

What does it mean to be “inadmissible”?

Before discussing criminality and serious criminality, it’s important to understand what it means to be found inadmissible in the course of the immigration process in Canada. Simply put, to be “inadmissible” is to have had your application to Canada rejected by the immigration authorities at Immigration, Refugees and Citizenship Canada. There are different types of inadmissibility, such as medical inadmissibility and criminal inadmissibility. Criminal inadmissibility is divided into two grounds: criminality and serious criminality.

What is criminality?

The Immigration and Refugee Protection Act defines criminality on the basis of the details of a foreign national’s criminal record. Section 36(2) explains that foreign nationals are inadmissible for criminality when they:

  1. Have been convicted in Canada of an indictable offence, or of two offences under a federal law arising out of more than one occurrence.
  2. Have been convicted outside Canada of what would constitute an indictable offence under Canadian federal law, or of two offences equivalent to Canadian federal law arising out of more than one occurrence.
  3. Committed an act outside of Canada that is an offence in the place it was committed. The offence is also an indictable offence in Canada.
  4. On entering Canada, committed an offence under Canadian federal law.

What is serious criminality?

Section 36(1) of the Immigration and Refugee Protection Act describes serious criminality. The main difference between criminality and serious criminality is the consequences on conviction. While criminality merely entails, more or less, the conviction of an indictable offence or the equivalent thereof either inside or outside of Canada, serious criminality is more precise on the requisite penalty. It also applies to permanent residents in addition to foreign nationals. Serious criminality is when a permanent resident or foreign national:

  1. Has been convicted in Canada of an offence under Canadian federal law that is punishable by a maximum term of imprisonment of at least 10 years, or where a term of imprisonment of more than six months has been imposed.
  2. Has been convicted of an offence outside of Canada that would constitute an offence in Canada punishable by a maximum term of imprisonment of at least 10 years.
  3. Committed an act outside of Canada that is an offence in the location the act was committed and would constitute an offence in Canada. That offence must also be punishable by a maximum term of imprisonment of at least 10 years.

What can I do if I’ve been determined inadmissible for serious criminality?

There are a few things to consider if you’ve been determined inadmissible on the basis of serious criminality. Some of your options include record suspensions, a foreign pardon if you were convicted outside of Canada, criminal rehabilitation, temporary residence permits and Humanitarian & Compassionate Grounds.

Record suspensions

Record suspensions are an option for those who were convicted of an offence under Canadian federal law. These are provided by the Parole Board of Canada. The Immigration and Refugee Protection Act provides, at section 36(3)(b), that inadmissibility for both criminality and serious criminality cannot be based on a conviction that has been acquitted or for which a record suspension has been ordered.

Foreign pardons

While foreign pardons are a potential avenue to remedy serious criminality for those convicted of offences outside of Canada, it is not guaranteed to work. The test for foreign pardons is the following:

  1. The legal system of the foreign jurisdiction must be similar to Canada;
  2. The foreign law must be similar to Canadian law in its aim, content and effect; and
  3. There is no valid reason not to recognize the result of the foreign law.

Rehabilitation

Foreign nationals and permanent residents may also apply to the Minister of Public Safety and Emergency Preparedness for criminal rehabilitation 5 years after their sentence has been completed.

Alternative immigration programs

Finally, for access to Canada sooner, temporary resident permits allow entry to Canada to those who are inadmissible if there are compelling reasons to do so. Humanitarian & Compassionate Grounds are also available on application to foreign nationals who are subject to a removal order that has not yet been enforced.

Recent developments to serious criminality

In recent years, the Supreme Court of Canada has clarified some of the rules around criminality and serious criminality. In the 2017 decision Tran v Canada, it was determined that:

  • Conditional sentences are not considered terms of imprisonment under section 36(1) describing serious criminality.
  • The reference to “maximum term of imprisonment” in section 36(1) describing serious criminality applies to the maximum term at the time the offence was committed, not at the time of sentencing or when the immigration application is assessed.

If You’ve Been Deemed Inadmissible, the Skilled Lawyers at Garson Immigration Law in Toronto Can Help

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residence, inadmissibility and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Entry to Canada Inadmissibility

Canadian Border Restrictions Set to Relax on April Fools’ Day

The Canadian border policy has continuously changed, in response to the threats the virus poses to the population of Canada and the health care system, since the onset of the COVID-19 pandemic nearly two years ago. Recently, the government changed border regulations on February 28, relaxing restrictions on entry into Canada. At the same time, the Canadian Government adjusted its Travel Health Notice and no longer recommended that Canadians avoid travel for non-essential purposes. At the same time, the Government changed the testing requirements for entering into Canada, as it was announced that travellers could either present a negative molecular COVID-19 test within 72 hours of crossing the border or could present a negative COVID-19 rapid antigen test taken within 24 hours of crossing the border. The testing requirement for entry has been controversial, as many have been advocating for the Government to eliminate the requirement in order to help facilitate short-term trips abroad from Canada, especially south of the border to the United States.

Canadian border policy changing again

Now, as they have throughout the pandemic, the regulations for travel across the border have changed again. Starting on April 1, 2022,  pre-entry tests will no longer be required for fully vaccinated travellers entering Canada by land, air, or water. Until April 1, travellers must follow the February 28 travel pre-entry testing requirements. While testing before arrival is now no longer a requirement for entry into Canada for fully vaccinated travellers, travellers may still be subject to random COVID-19 testing at the border after arrival in Canada.

Despite the relaxation of testing regulations, foreign nationals coming into Canada must be vaccinated, as there are only limited exceptions available for those who are unvaccinated to be granted entry. Unvaccinated Canadians and foreign nationals who are granted entry will be tested on arrival into Canada and have to quarantine for 14 days upon arrival.

Although the border is open, some travellers may still be inadmissible

Despite the border being more open to travel when compared to almost any other point during the pandemic, this does not mean all foreign nationals who wish to enter Canada will be permitted to enter. Again, to enter Canada most foreign nationals need to be fully vaccinated against COVID-19. Being fully vaccinated for the purpose of travelling to Canada means that you have received a full dosage of a vaccine accepted by Canada for travel, and received your last dose at least 14 calendar days before entry into Canada. Prior to arrival, vaccinations must be uploaded onto the ArriveCAN app. In order to see if you can come to Canada as an unvaccinated foreign national, a short questionnaire can be taken on the Government of Canada website that will provide you with an answer based on your reason for travelling to Canada.

Aside from vaccine status, there are other reasons that can make foreign nationals inadmissible for entry into Canada.

Criminal Inadmissibility

If you have a criminal offense on your record, it is important to make preparations before you travel to Canada in order to have the best chance of gaining entry, as criminal offenses can render foreign nationals inadmissible for entry into Canada. For American travellers, it is important to note that the Canadian Border Services Agency has access to FBI background record information that could render Americans with a criminal record in the United States inadmissible for entry into Canada, so disclosure before entry may be the best option for gaining entry into Canada.

It is worth noting that some criminal offences in the United States may not be considered criminal offences in Canada. For example, if a criminal record is for a marijuana-related offence, the offender may still be allowed to enter Canada, as possession of marijuana is legal in Canada. Possession of up to 30 grams is allowed in Canada, so if a charge was for under that amount, the offender may not be denied entry. However, if a charge involves being in possession of over 30 grams or trafficking, the offender may not be permitted to enter.

Certain charges that are considered to be serious can make individuals inadmissible for entry into Canada on accord of the serious criminality label given to those charges. One example of a charge with serious criminality is a DUI offense. Even if you have committed a charge with serious criminality, there are still ways in which you can enter Canada.

Temporary Residence Permit

A temporary residence permit, as evident through its name, allows a holder to come to Canada temporarily. Those with a criminal record who are not eligible for rehabilitation, or who need urgent entry into Canada can apply for a permit.  The requirement in order to apply for a temporary residence permit is having a valid reason to travel to Canada, and the reason for travel to Canada outweighs any potential risk posed. Through a legal opinion letter, a skilled lawyer can explain their client’s criminal record to the Canadian Border Services Agency, its impact, and why the client deserves to be granted a temporary residence permit.

Criminal Rehabilitation

Criminal rehabilitation can resolve entry issues for coming into Canada on a permanent basis, as opposed to a temporary residence permit. If an application for criminal rehabilitation has been approved, a criminal record will no longer prevent the traveller from entering Canada. A requirement of applying for criminal rehabilitation is that a minimum of five years has elapsed since the completion of the most recent criminal sentence. When making an application, the Canadian government will consider the Canadian equivalent of the crime in making a decision on if the applicant is considered rehabilitated.

Deemed Rehabilitation

Deemed rehabilitation is an option if at least 10 years have elapsed since the last conviction of a charge that is not considered to be serious. The nature of the charge, the extent of the traveller’s record and the amount of time passed are all factors that are considered in deemed rehabilitation. There are some limitations on deemed rehabilitation, as this exception only applies to charges that, if committed in Canada, come with a maximum prison sentence of fewer than 10 years.

Contact Garson Immigration Law in Toronto with any admissibility related questions

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues Inadmissibility

As Canada Looks to Open Further, Some Travellers May Still be Inadmissible

On August 9, Canada opened its borders to fully vaccinated United States citizens and permanent residents for non-essential travel. When the updated policy was announced, the government indicated that the border would open fully for vaccinated travellers on September 7. Potential entrants will need to have been fully vaccinated with vaccines approved by Health Canada at least 14 days prior to entry as well as take a COVID-19 test within 72 hours of departure. As of now, the government has not hinted that it intends on pushing the September 7 date back, but in its initial statement regarding the border, the government said that the border would open “provided that the domestic epidemiologic situation remains favourable.”

This relatively vague language suggests that the Canadian government could push back the date should it determine that the COVID-19 situation in Canada is such that opening the borders would not be advisable. However, as we close in on the September 7, date, it is increasingly unlikely that this will occur, despite rising COVID-19 case rates in Canada, as vaccinated travellers are considered low risk according to Chief Public Health Officer Dr. Theresa Tam. If you are planning to travel to Canada as a non-Canadian citizen, be sure to monitor the news for the next week in order to make sure you will be allowed into the country when you do travel.

If the recent border restrictions allow you to travel to Canada when you were previously inadmissible because of the border restrictions, there are still some other ways you could be deemed inadmissible that you will need to consider before booking a ticket. Examples of such inadmissibility are criminal inadmissibility and medical inadmissibility.

Criminal Inadmissibility

If you are seeking to enter Canada from abroad and have a criminal record, you risk being denied entry. There are some steps you can take in order to check your eligibility or even have your criminal record waived for the purposes of entering Canada. For example, if your criminal record is for a marijuana-related offence, you may still be allowed to enter Canada, as possession of marijuana is legal in Canada. Possession of up to 30 grams is allowed in Canada, so if your charge was for under that amount, you may not be denied entry. However, if your charge involved you being in possession of over 30 grams or trafficking you may not be permitted to enter.

Certain charges, such as a DUI conviction, can make individuals inadmissible to Canada for serious criminality. If someone has a charge that reaches the level of serious criminality, they are in theory deemed inadmissible to enter Canada forever.

However, there are different methods for overcoming the finding of inadmissibility based on criminality. Depending on the charge and length of time since the charge, you may be eligible for deemed rehabilitation, individual rehabilitation, record suspension or discharge, or a temporary residence permit in order to be able to enter Canada.

Deemed Rehabilitation

If at least 10 years have passed since your criminal charge, you may be permitted to enter Canada. Eligibility for deemed rehabilitation depends on the seriousness of the charge, the extent of your record, and the time that has passed since the charges. Deemed rehabilitation is only available for charges which if committed in Canada would come with a maximum prison sentence of fewer than ten years.

Individual Rehabilitation

Individual rehabilitation is available when it has been five or more years since the end of your last criminal sentence. If this is the case, you can claim you have been rehabilitated. In order to be eligible, you must establish that you are unlikely to commit any further crimes.

Record suspension or discharge

If you received a record suspension or discharge of your charges in a foreign country, the suspension or discharge may also be valid in Canada. Depending on the country and the circumstances, your record suspension or discharge may help you enter Canada.

Temporary Residence Permit

Temporary residence permits are used to grant entry to foreign nationals who would otherwise be deemed ineligible for entry to Canada. If you have a criminal record are not eligible for rehabilitation, or need urgent entry, you can apply for a temporary residence permit. The requirement for a temporary residence permit is that you have a valid reason to travel to Canada and the reason for travel outweighs any potential risk you may pose. Through a legal opinion letter, a skilled lawyer can explain to the border authorities their client’s criminal record and its impact and why the client deserves a temporary residence permit.

Medical Inadmissibility

Alternatively, people may be inadmissible to Canada based on medical reasons if it is deemed that the person poses a threat to the health and safety of Canadians, or if they are likely to place a significant burden on Canada’s healthcare system. If you are deemed to exceed the cost threshold, you will likely be found inadmissible. However, you can submit evidence demonstrating your ability to mitigate the cost threshold in order to gain entry. Mitigation requires a considerable amount of documentation and you must show evidence of the services you will need in Canada, as well as how you plan to pay for them for the duration of your time in Canada.

Contact Garson Immigration in Toronto to Discuss Your Inadmissible Status

If you have a reason for why you may be inadmissible to Canada and want to come to Canada do not assume that you will be unable to enter. We can help to ensure you have the chance of being able to enter the country, regardless of the reason for inadmissibility.

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. With nearly 30 years of experience in helping clients gain admissibility to Canada, we will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.