INADMISSIBILITY
Immigration law
23 Feb
One of Canada's big headaches with immigration
is the "Sorry, not sorry" syndrome. It's when someone gets the cold
shoulder at the border because they're either a health hazard or have a rap
sheet. It's like being stuck in immigration purgatory for not passing the
health or character check.
Canadians say Sorry at least 10 times a day or
they lose the citizenship. (A friendly
joke) They are so compassionate that when kids play hockey on the street …
traffic stops!!!!! Canadians are so
polite and friendly with diverse and inclusive society and YET…. It’s hard to
believe!!!!!! - that some people are NOT
allowed to come to Canada. It kind of destroys the advantage of
believing anyone who makes such a statement.
Knowing what can get you the "No Canadian
Club Membership" card is crucial if you're eyeing maple syrup and
Mounties. Understanding these categories gives you the power to dodge potential
hurdles like a pro, ensuring you don't stumble at the border. Armed with this
knowledge, you'll breeze through the Canadian immigration maze, making sure
your entry into the Great White North is smoother than a puck sliding across
the ice. There can be number of reasons why you won’t be allowed to come to
Canada. A few are stated as – SECURITY REASONS, HUMAN OR INTERNATIONAL RIGHTS
VIOLATIONS, MEDICAL REASONS, FINANCIAL REASONS, MISREPRESENTATION ETC.
Canada welcomes millions of tourists,
immigrants, workers, and students annually but ensures strict admissibility
checks, including criminal background screenings. Approximately one million
international travelers enter Canada monthly. IRCC and CBSA prioritize border
security to prevent potential criminal activities. If you have a criminal
history abroad, your entry eligibility depends on how the offense aligns
with Canadian law. Consulting a
Canadian immigration lawyer before travel is recommended to address any
admissibility concerns.
Under Canada's quirky immigration rules, if
you've got a rap sheet longer than a grocery list, you might find yourself
not-so-welcome north of the border. Yes, folks, Canada takes their
"criminally inadmissible" status seriously, whether you've dabbled in
the art of kleptomania, fancied yourself a brawler, or have a tendency to treat
stop signs like they're mere suggestions. Even if you've had a wild night and
decided to take your car for a spin while channeling your inner rockstar or
thought it was a good idea to combine driving with your newfound love for
controlled substances, Canada might just politely decline your RSVP to their
party.
Why you could be found Inadmissible? So, you're gearing up for a trip
to the Great White North, eh? Picture yourself at the Canadian border, all
smiles and Tim Hortons dreams, when suddenly, a stern immigration officer
decides your fate. Will they welcome you with open arms or wave you back
towards the moose? It all hinges on whether you pass their Inadmissibility 101
exam.
Here’s the lowdown: if the officer deems you
"inadmissible," it’s like being told, "Sorry, pal, the igloo's
full." Translation: no visa, no Electronic Travel Authorization (ETA), and
definitely no maple syrup tasting tour for you.
Now, what might land you in this
less-than-ideal club? Well, forget about being the James Bond of your hometown;
espionage and subversion are definite no-nos in the land of polite apologies
and hockey. Likewise, if your resume includes "terrorism enthusiast"
or "war crimes aficionado," you might want to reconsider packing
those into your LinkedIn profile.
But wait, there’s more! If your medical record
screams "public health hazard," or your bank account bellows
"mooch alert," you could find yourself on the wrong side of that
immigration booth. And let's not forget the classic blunders: lying on your
application (they do check!), refusing to play.
But fear not, eh? Canada's got a reputation for
being as soft-hearted as a moose in a maple syrup factory. So, even if you've
stumbled into the "criminally inadmissible" category, there's hope
like finding a Timbit in the snow. Whether it's through legal wizardry,
heartfelt apologies, or a promise to never again confuse Canadian roads with
your personal racetrack, there's usually a syrupy sweet path to redemption.
Getting the boot from Canada isn't always a
life sentence. There's a workaround called the Temporary
Resident Permit (TRP). It's like a hall pass for those who've been
labeled "persona non grata." If you've got a good reason to visit and
promise not to cause a ruckus, they might just let you sneak in for a bit.
Deemed rehabilitation, according to Canada’s immigration
regulations, signifies that a sufficient period has elapsed since your
conviction, potentially allowing you to enter Canada despite your previous
offense. Whether you are considered rehabilitated depends on the nature of the
offense, the amount of time that has passed since you completed your sentence, and
whether you have committed multiple offenses. Just a heads-up: you're only
eligible for the "deemed rehabilitated" status if your international
mischief would get you less than a decade (10 yeas) in a Canadian clink.
Rehabilitation signifies that you have moved
past the likelihood of committing new offenses. If you wish to enter Canada,
you can apply for individual rehabilitation, where the decision to grant it
lies with the Minister or their representative. To apply, you must demonstrate
that you meet the specified criteria, have undergone rehabilitation, and are
extremely unlikely to engage in future criminal activities. Additionally, at
least five years must have elapsed since the completion of your criminal
sentence, including probation, and since the day of the act that rendered you
inadmissible.
"Remember: When it comes to Canadian
standards and laws, they're as unique as a double-double at Tim Hortons. If
you're concerned about being considered criminally inadmissible, foreign
convictions and actions are measured against these standards. But fear not!
There are still choices available to you."
RRM Law leverages its specialized knowledge
to assist clients in resolving issues of inadmissibility. Our dedicated team of
legal experts will carefully assess your circumstances and prepare a robust
application to Canadian immigration authorities. Contact us at
905-798-3776.