Before granting entry, Canada makes sure that all foreign nationals fulfill the necessary standards for admission. Securing the nation’s borders from potential threats is a top priority for the Canadian Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC). Thus, any foreign national whom these two groups deem likely to commit a crime while visiting Canada may be refused entry. How a family member could prevent you from entering Canada?
It is also possible to declare someone medically ineligible to enter Canada. This may happen if they pose a risk to the public’s health or safety, or if they suffer from a condition that could reasonably be expected to place an undue burden on social and medical services.
Family member inadmissibility
Whether they are accompanying or not, all family members of the family class or the immigration candidates for spousal sponsorship must be screened. This involves a medical evaluation and a judgment of whether they are ineligible for security or criminal grounds. In general, police certificates, clearances, or records of non-conviction are required for candidates and family members above the age of 18.
If a family member, whether traveling with them or not, is inadmissible, the applicant will often be refused entry to Canada on that basis.
Concerning non-accompanying family members, a principal applicant will be inadmissible to Canada themselves if their inadmissible non-accompanying family members are:
- Spouses, except if they are separated (in law or fact)
- Common-law partners
- Dependent children, of whom the applicant or their accompanying family member has custody or the power to act on their behalf
- Dependent grandchildren, of whom the applicant or their accompanying family member has custody or the power to act on their behalf
Whether accompanying or non-accompanying, an inadmissible family member may not make a principal applicant inadmissible if both these conditions apply to your situation:
- You are a temporary resident or a temporary resident applicant, and
- The inadmissibility is not because of security, human or international rights violations or organized criminality
In terms of a family member’s inadmissibility, the Immigration and Refugee Protection Act (IRPA) makes a distinction between permanent and temporary residents. The list of circumstances that render someone inadmissible for permanent residents is more expansive than it is for temporary residents. The rationale for this regulation is that individuals who are permanent residents aim to stay in Canada and have the chance to sponsor family members. On the other hand, temporary residents are not permitted to sponsor a family member and are expected to depart after their stay.
What to do if your family member is inadmissible to Canada?
It is important to remember that if a family member is inadmissible to Canada, this information must be disclosed on your application. Failure to do so may constitute misrepresentation.
To overcome inadmissibility, there are a few options. These include:
- Temporary Resident Permit
- Criminal Rehabilitation application
- Legal Opinion letter
For a restricted amount of time, a Temporary Resident Permit (TRP) allows temporary entry into Canada. A TRP may be awarded for a maximum of three years, contingent upon the purpose of admission. When a foreign individual enters Canada legally and there are more benefits than threats to Canadian society, a TRP is typically used. A person does not need to serve out their entire criminal term to apply for a TRP, which can be done at any time.
You apply to the federal government for criminal rehabilitation, which permanently removes whatever criminal record you may have had before entering the nation. This program has the advantage of being a one-time fix that doesn’t need to be renewed. Once you receive approval for criminal rehabilitation, you are no longer considered inadmissible to Canada. This means you would not require a TRP to enter the country.
To be eligible for criminal rehabilitation, you must meet the following criteria:
- Committed an act outside of Canada that would be equivalent to an offense under the Canadian Criminal Code;
- Have been convicted or admitted to committing the act; and
- Five years must have passed since the sentence has been completed, including jail times, fines, community service, or probation.
Finally, a person can proactively prevent being deemed inadmissible to Canada if they have committed or been found guilty of a crime by submitting a Legal Opinion letter. An immigration lawyer in Canada produced this letter, which refers to pertinent Canadian legal provisions. It will outline the repercussions of a guilty decision and how they would affect immigration to Canada. The letter’s contents would assist the decision-making body in the case in deciding how to address different charges and how a person’s ability to enter Canada would be impacted by a conviction and sentence.
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