inadmissibility (Medical/Criminal)

There are two types of Inadmissibility to Canada:

• Denying entry to Canada: Refusing a visa for Criminal, Medical, Misrepresentation or Security Risk reasons
• Affecting a PR application: Preventing an individual from obtaining (or maintaining) their Permanent Residence status due to Criminal, Medical, Misrepresentation or failure to maintain their Residency Obligation.

Individuals can be found to be inadmissible on the following grounds:

• Criminal Inadmissibility
• Medical Inadmissibility
• Misrepresentation
• Residency Obligation
• Organized Crime (or ties to it)
• Security Risk
• Committed Human or International Rights Violations

Overcoming Inadmissibility

Criminal Inadmissibility: Deemed Rehabilitation (more than 10 years have passed and only one offense that is non-serious criminality), Criminal Rehabilitation (more than 5 years have passed), TRP (temporary waiver to be granted along with a visitor visa, study permit, or work permit for an individual that is not eligible for the other two).

Sponsoring a Spouse with Criminal Inadmissibility:

Misrepresentation: Responding to a Procedural Fairness Letter (prior to receiving a 5-year ban) or filing a Judicial Review within 15 days (for in-Canada applicants) or 60 days (for outside-Canada applicants) to challenge the 5-year ban after receiving one.

Sponsoring a Spouse with Misrepresentation Ban:

Medical Inadmissibility: After a PR application is submitted and the medical exam performed, IRCC will issue a Procedural Fairness Letter (PFL) to which a strong response must be submitted to overcome the inadmissibility. Nothing can be done before receiving the PFL letter.

Medical Inadmissibility on TRV or Super Visa: Re-apply with the help of an immigration lawyer to address the issue, or apply for a TRP depending on the circumstances.

Other Inadmissibility: Depending on the facts and nature of the inadmissibility, some may be overcome while others may not. Consult one of our Immigration Lawyers for an assessment.

Our Immigration Lawyers can help you with your Inadmissibility issue.
Contact us to speak with one of our lawyers to learn more.