Inadmissibility

Inadmissibility

InOrbit-Inadimissibility

Inadmissibility

One of the major immigration problems in Canada is inadmissibility. Inadmissibility to Canada is an immigration issue that essentially means that a person is barred from entering the country. There are a few different causes for inadmissibility, most having to do with medical issues or criminal history.

It is important to mention that immigration inadmissibility applies to all applicants included in the application to Canada. If a family member is accompanying you to Canada or is included in an application for a visa, the entire application and all family included will be refused if there are potential criminal or medical inadmissibility issues. While inadmissibility can become an obstacle to immigrating to Canada, there are ways in which a person can overcome it and be allowed to enter the country.

Criminal Inadmissibility

If a person has been convicted of, or committed a crime in their home country, and that crime has an equivalent under Canadian law, the person may be considered inadmissible to Canada due to criminality. It is important to note that not all crimes and convictions make a person inadmissible to Canada. The crime has to be of a certain degree of seriousness. One common reason for criminal inadmissibility is a DUI charge. People with one or more recent convictions for driving while intoxicated are likely to be turned away from entering Canada. Other crimes that can cause criminal inadmissibility include theft, reckless driving and assault.

Appealing the Visa Refusal

Can you appeal a visitor visa refusal? If you have recently received a Canada visa refusal letter, do not be discouraged. A refused visitor visa can be appealed based on certain considerations. You and your immigration lawyer can file an appeal if you have reasons to believe that the immigration officer made incorrect decisions by refusing your application. The reasons can range from them acting unfairly, beyond their jurisdiction or against the law. The appeal will need to be made in the Federal Court of Canada through the judicial review process. Time is of primary importance in this kind of appeal, so it is vital that you decide whether or not to take this route.

Medical Issues

On the other hand, a person can be considered inadmissible to Canada due to their health. If a person has a medical condition that poses a serious threat to the health or safety of the Canadian public, they will likely not be allowed to enter the country. Likewise, a person might be denied entry if an immigration officer determines that there is a chance that they will pose an excessive demand from publicly funded Canadian health and social services.

Temporary Resident Permit

Inadmissibility is not equivalent to a permanent ban from entering Canada. There are solutions available to help people otherwise considered inadmissible to enter Canada. One of those is a Temporary Resident Permit. If an inadmissible person has a valid need to enter Canada that outweighs the risks of them being in the county, they may be granted this special permit that will allow them to be in the country for a predetermined amount of time.