Shabnam Akrami Blogs
The Various Ways to Overcome Inadmissibility
Are you Inadmissible to Canada?
Unfortunately, people wishing to travel to Canada learn every day, that they are not permitted to enter the country, for one reason or another. This leaves them asking the question, “How do I do the important thing I wanted to do while I was in Canada? I care deeply to; visit for business, or, attend my sister’s wedding, or, visit my grandchildren in Calgary.” This is understandable, and the Canadian government recognizes there could be very valid reason for wanting to come to Canada, therefore, they have provided individuals the opportunity to submit specific applications which will help them overcome their inadmissibility and become admissible to Canada again. Throughout this article, we will discuss the many reasons individuals could be inadmissible, and, the various ways individuals can overcome their inadmissibility depending on the reason they are inadmissible.
What are the reasons I could be Inadmissible?
There are as I mentioned, a variety of reasons one can become inadmissible to Canada. This includes, but is not entirely limited to the following:
- Being considered a threat to national security,
- Having been convicted of a criminal offense in your country of origin, or being involved in organized criminal activity,
- The officer believes the individual is seeking entry into the country for financial support/ the applicant cannot prove they are financially stable enough to support their trip,
- The officer believes the individual is seeking entry into the country for the benefits of the health care system, or will likely put excessive strain on the health care system/ you have a health issue which makes you inadmissible,
- You are banned from the country because you have misrepresented yourself in the past,
- You have an inadmissible family member,
- You are the subject of a removal order which requires authorization to return.
What Can I do about my Inadmissibility?
Well, as I mentioned, depending on the reason you are inadmissible, the solution to you inadmissibility will vary. Allow me to break it down.
1. If you are inadmissible due to a criminal past, and you are eligible for criminal rehabilitation, you can overcome your inadmissibility by applying for criminal rehabilitation.
2. If you are inadmissible due to a removal order which requires authorization to return, you can overcome your inadmissibility by submitting an application for authorization to return.
3. If you are inadmissible for any other reason, including, having a criminal past and not being eligible for criminal rehabilitation, you can apply to overcome your inadmissibility by submitting an application for a temporary resident permit.
What is Criminal Rehabilitation?
Criminal rehabilitation is a permanent solution to criminal inadmissibility. This final decision on this application is entirely up to the officer reviewing the application; therefore, the applicant must put together a fairly extensive application if they want to be successfully. The applicant must prove their situation is different than it was when they were involved in criminal activity. This includes addressing the circumstances in one’s life surrounding the arrest, and clearly demonstrating how they are a different citizen now. Also, it is important to show clearly with official court documents when each condition imposed on the applicant sentencing, was completed by the applicant. Failure to do these things will give the reviewing officer little to no reason to approve an application, and the chances of success are slim.
What is Authorization to Return?
An authorization to return, otherwise known as an ARC, gives the applicant special permission to overcome their removal order and return to Canada. Not all removal orders will require an ARC, so it is important not to jump to the conclusion this is required, but it is worth being aware you could require authorization to return to Canada. Like all applications used to overcome inadmissibility, it is necessary to carefully prove that you are not likely to do the things you have previously done, which prompted you to become inadmissible. Specifically, when applying for an ARC, you must prove that your situation has changes and you are not likely to violate the conditions of your stay and prompt another removal order.
What is a Temporary Resident Permit?
A temporary resident permit, also known as a TRP, is a document which allows individuals to overcome their inadmissibility temporarily. One can apply for a TRP no matter what the inadmissibility issue is (other than removal orders), to request permission to enter Canada temporarily. The officers reviewing TRP applications are trained to balance the individuals need to enter Canada, against the risk they pose to Canadian society. This is incredibly important for applicants to understand. It means individuals must show they have a strong, compelling need to enter Canada, and do not pose a risk to Canadian society. Again, this can be done by proving your situation has either changed and you are complying with all the conditions of your sentence; if for example, you are criminally inadmissible. Or, you can demonstrate that your situation is not a threat to Canadian society; if, for example you are medically or financially inadmissible. You may have made arrangements for private medical care, and can guarantee that you will not pose a threat to any of the Canadian public health systems, or, you may have someone sponsor your trip, to guarantee that you have financial support. Additionally, you can provide additional assurance you will leave at the end of your requested stay by pre-purchasing a return ticket home.
Contact Akrami and Associates
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for any of the applications to resolve your inadmissibility. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have criminal inadmissibility apply for these applications to resolve their inadmissibility. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!