Several immigrants move to Canada, ranging from students, workers, tourists, and visitors. However, whenever a foreign national enters Canada, he has to fulfill specific requirements. He will have to pass a medical test and a verification concerning his background devoid of any criminal record.
Criminal Inadmissibility
A foreign national with any prior or current criminal record confirms his inadmissibility to Canada. Holding a criminal record complies with being arrested or convicted for a severe crime.
When the criminal inadmissibility is calculated, the arrests and convictions are determined based on Canadian law standards. Individuals will be deemed inadmissible if their crime is relevant under Canada’s criminal code.
Suppose an individual has committed a crime that is equal to the summary offense, then he will be able to enter Canada without permission. If the criminal activity falls under an indictable offense, it will be regarded as a severe crime. Therefore, the individual will be prohibited from entering Canada in such a severe crime.
An individual’s overcoming the inadmissibility issue will depend on the nature of the offense and the amount of time that is already over since the imprisonment or punishment was completed. The period that has gone by after the completion of the sentence also comprises probation and fines paid.
Ways to get rid of inadmissibility issues in Canada include the following:
- A Legal Opinion Letter
- An application for Criminal Rehabilitation
- A TRP application
A Legal Opinion Letter
Consulting an immigration lawyer will be crucial to understanding the repercussions of the conviction in association with Canadian immigration.
He will discuss the aspects of Canadian law that let the officials respond to criminal charges. The lawyer will also share details of these charges’ results and the impact they might have on their admissibility factor. The letter will also include other possible solutions for you to overcome inadmissibility issues in Canada. As far as the consequences of inadmissibility are concerned, they severely impact employment and meeting with family members. The Legal Opinion Letter is an effective way to appeal to the judge to make him understand your situation. Letting the judge make a fair decision on the outcome will be helpful.
Temporary Resident Permit Application
An individual who is currently not admissible to Canada can opt for a Temporary Resident Permit Application, as this will give them a chance to enter Canada temporarily for a specific duration only. A Temporary Resident Permit application is a pathway for those travelers who have solid reasons to enter Canada and whose stay will benefit Canadian society and not pose any risk.
The validity of a TRP application is up to three years, based on the reason for entering Canada. To apply for a TRP the candidate doesn’t require any particular time and won’t even need sentence completion.
Criminal Rehabilitation Application
The Criminal rehabilitation application is an alternative to permanently eliminate your past criminal record for entering Canada. It is an ultimate solution without the need to renew the application. Suppose a person’s Criminal Rehabilitation application gets approved, he will not be considered objectionable and wouldn’t have to apply for a TRP application to enter Canada.
The Criminal Rehabilitation application requires you to qualify for the following:
- The criminal activity by any individual must equal a criminal activity as per the Canadian criminal code.
- The individual must have accepted his crime or been convicted.
- There must be a gap of at least five years post-completion of the criminal sentence. The period must include imprisonment, fine payments, probation, or community service.
Medical Inadmissibility
To attain an immigration visa for Canada, one must go through a medical examination. Generally, these medical exams concern physical tests but might as well require existing medical records and tests associated with one’s mental state.
Medical inadmissibility will apply to candidates on two conditions, they’re as follows:
- If the candidates are undergoing any medical conditions that could be threatening or dangerous to Canadian society.
- If their medical conditions demand excessive expenditure on behalf of the Canadian social services and the health of the Canadians.
Medical officials determine the inadmissibility factors based on the intensity, type, and longevity of the health conditions. Suppose an individual encounters medical inadmissibility, then he must seek legal advice by proving that the particular applicant won’t exceed the limited cost for his medical treatment in the country.
They will be required to prove that their stay is related to some form of humanitarian or compassionate cause.
An individual unable to meet the requirements of medical admissibility can apply for a Temporary Resident Permit application to overcome the inadmissibility challenge for entering Canada.
