Canadian permanent residents or foreign nationals may be inadmissible to Canada for various reasons. The common reasons for inadmissibility to Canada are listed below:
- Criminal conviction(s);
- Findings that the person is a security risk to Canada;
- Misrepresentation on an immigration application or interviews;
- Accompanying family member’s inadmissibility to Canada;
- Human or international rights violations;
- Ties to organized crime;
- Health grounds; and
- Non-compliance with immigration law.
TEMPORARY RESIDENT PERMIT
If the individual is otherwise inadmissible but has a reason to travel to or remain in Canada that is justified in the circumstances, he or she may be issued a temporary resident permit.
To be eligible for a temporary resident permit, the need of the applicant to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason due to which the individual is inadmissible seems minor, he or she must demonstrate that his or her visit is justified.
If the individual is criminally inadmissible to Canada, he or she may apply for rehabilitation. It removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.
To apply for rehabilitation, a person convicted of a crime if does not qualify for a deemed rehabilitation, he or she can make an application for rehabilitation when 5 years have passed since he or she completed the sentence imposed for the criminal conviction.
The Canadian Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) may prepare a report setting out the grounds of inadmissibility against the foreign nationals or permanent residents and forward it to the Immigration Division of the Immigration and Refugee Board to conduct the admissibility hearing. The individuals against whom the allegations of inadmissibility are made may defend themselves.
Immigration detentions are considered to be an exceptional measure to detain a permanent resident or a foreign national. In case the individual is detained, the first detention review is held within 48 hours of detention. In case the individual is not released, another hearing is done within 7 days. Individuals facing this situation have the right to counsel to represent them and have fair participation in the process.
In case you are facing a difficult immigration situation and need our professional services, we invite you to contact us.