inadmissible to Canada
An inadmissible person's need to enter or remain in Canada must be compelling and sufficient enough to overcome the health or safety risks to Canadian society.
Before an officer can issue a TRP, he must consider the factors that make the person's presence in Canada necessary (family ties, job qualifications, economic contribution, attending an event) and the intent of the legislation (protecting public health and the healthcare system).
Factors to Consider
A TRP can be issued for up to three years. Will the TRP be valid for re-entry or for only one trip?
- What was the seriousness of the offence?
- Did the crime involve physical harm or violence?
- What was the punishment received for the offence?
- What are the chances of successful settlement without committing further offences?
- Were drugs or alcohol involved?
- Is there evidence that the person has been reformed or is rehabilitated?
- Is there a pattern of criminal behaviour?
- · Is the person eligible for a pardon or rehabilitation?
- How long has it been since the offence occurred?
- Is the person suffering from a communicable or contagious disease?
- How severe is the person's anticipated need for health or social services in relation to the demand for these services by Canadian residents?
- What is the cost of the treatment?
- How will the costs be covered?
- Will provincial public health insurers provide insurance coverage?
- Is this a first-time visit and is the person unaware of their inadmissibility?
- Is there an economic benefit for Canadians if the person is coming for business reasons?
- Is this an urgent family situation such as a funeral, wedding or other low-risk compassionate reason?
- Is this a minor inadmissibility, such as a student with a valid Study Permit but an expired visa?
- Is there a pattern of previous or multiple violations of the Act or Regulations?
- Are there public controversial elements to the case that warrant a referral to National Headquarters?
- Is there a settlement risk, as persons continuously on a permit for a specified period of time will be granted permanent residence?
Before You Enter Canadian Border:
Prior to coming to the border and asking to be allowed entry when you have an inadmissibility issue, it is important that you consider the following:
- a description of the inadmissibility and its equivalent in the Canadian Criminal Code
- a description of the compelling reasons to warrant the issuance of the TRP and how the need outweighs the risk:
- economic contribution
- national interest
- personal reasons
- political visit
- ministerial intervention
- relevant circumstances which should prompt a favorable decision
- duration of the TRP as it corresponds with the purpose of the trip
- a description of the reasons for either granting entry