How to overcome Criminal Inadmissibility?

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How to overcome Criminal Inadmissibility?

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Who is deemed inadmissible for the immigration process to Canada?

Inadmissibility to Canada can manifest in two forms:

  1. Denial of entry
  2. Denial of permanent residence status

Denial of entry can occur due to:

  • Criminal
  • Medical
  • Misrepresentation
  • Security risk reasons

Meanwhile, denial of permanent residence status can occur due to:

  • Criminal
  • Medical
  • Misrepresentation, or
  • Failure to maintain residency obligation

How to overcome Inadmissibility for Canadian Immigration process?

Individuals who have been deemed inadmissible to Canada may have options for overcoming their inadmissibility. The specific options available will depend on the grounds for inadmissibility, and in some cases, the passage of time.

 

How to overcome Criminal Inadmissibility?

  • Deemed Rehabilitation (if more than 10 years have passed since the completion of the sentence, and the individual has only committed one non-serious offense)
  • Criminal Rehabilitation (if more than 5 years have passed since the completion of the sentence)
  • Temporary Resident Permit (TRP) (if an individual is not eligible for the other two options, a TRP can be granted along with a visitor visa, study permit, or work permit)
  • Sponsoring a Spouse with Criminal Inadmissibility: (further information can be found on the Government of Canada’s website)

How to overcome Misrepresentation?

  • Responding to a Procedural Fairness Letter (prior to receiving a 5-year ban)
  • Filing a Judicial Review within 15 days (for in-Canada applicants) or 60 days (for outside of Canada applicants) to challenge the 5-year ban after receiving one.
  • Sponsoring a Spouse with Misrepresentation ban: (further information can be found on the Government of Canada’s website)

How to overcome Medical Inadmissibility?

  • After a Permanent Residence (PR) application is submitted and a medical exam is performed, Immigration, Refugees and Citizenship Canada (IRCC) will issue a Procedural Fairness Letter (PFL). A strong response must be submitted to overcome the inadmissibility. (no action can be taken before receiving the PFL letter)
  • Medical Inadmissibility on Temporary Resident Visa (TRV) visitor visa or Super Visa: Re-apply again with the help of an immigration lawyer to address the issue, or applying for a TRP, depending on the circumstances.

How to overcome other inadmissibility?

Other Inadmissibility: Depending on the facts and nature of the inadmissibility, some cases may be overcome, while others may not. It is recommended that individuals consult with an immigration lawyer to receive an assessment of their specific case.

Contact Vizard

Our immigration law firm offers assistance in overcoming inadmissibility issues. Contact us to schedule an appointment with one of our experienced lawyers to learn more about your options.

Contact Vizard Immigration

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Vizard Immigration Google Maps

Vizard Immigration Telegram

Vizard Immigration WhatsApp

 
 

Book Appointment 

Free Assessment Form