Here is the second and the last part of inadmissibility! Hope you got a general idea of what inadmissibility is from the previous article, and I would like to talk about how inadmissibility affect you. Inadmissibility can get quite complicated, so this is just a brief explanation. As always, please talk to a professional if you think you might be inadmissible. Also, be aware that law changes very frequently. This article might not be up-to-date when you read though I try my best keep updated.
What happens if I’m inadmissible?
Generally, you cannot enter Canada, and your application will likely be refused unless you prove that you are admissible. Some grounds of inadmissibility go away as times goes by, but some will have significant impact on your file every time you enter Canada. For serious criminality and criminality, you may still enter Canada if you are deemed rehabilitated, in which case you will probably need to submit extra documents and depend on the sentence you receive. It is strongly recommended to talk to a professional about your case. You may also need to talk to a criminal lawyer as well.
How can I overcome inadmissibility?
Some grounds of inadmissibility such as security ground, human or international rights violation, and organized criminality are very difficult to overcome. However, time can be the solution for some inadmissibility grounds. For example, if you recover from a disease that requires $25,000 per year and do not need any health assistance any more, you are no longer inadmissible due to health grounds and can enter Canada provided you do not have any other issues despite the fact that you probably would have been at the time you required health care. Again, talk to a professional if you doubt your admissibility to Canada and find out what are your options even before you plan to come to Canada.
What are my options to come to Canada if I can’t overcome inadmissibility?
It will entirely depend on your situation. One of most common ways to enter Canada while you are inadmissible is to apply a Temporary Resident Permit (TRP). A TRP allows a person to enter Canada as an exemption. For example, a TRP can be issued for a person who want to enter to Canada for a purpose of getting surgery that is not available to his/her country. This person is generally inadmissible due to health grounds because it is obvious that this person is likely to cause excessive demand due to his/her health condition, but he/she may be allowed to enter Canada for a certain period of time for special occasion like that.
What are consequences if I become inadmissibility while I’m in Canada?
I have been writing cases for those who live outside Canada. But what happens when you become inadmissible. Consequences you have to deal with will depend on your status, so I will break it down into 4 parts.
- If you are a temporary resident of Canada
If you become inadmissible while you are in Canada as a temporary resident (visitor, student, or worker), a removal order will be issued, which means that you will have to leave Canada. There are 3 types of removal orders, and how you will be treated will depend on the type of removal order you receive.
- If you are a permanent resident of Canada
Some grounds of inadmissibility does not apply to permanent residents; however, inadmissibility is still important to permanent residents because a removal order can be issued against you if you become inadmissible. What you need to watch out most is serious criminality and misrepresentation. If IRCC finds that you are charged with an offence that is considered serious crime or you did not provide truthful information before or after you obtain permanent residency, you will likely lose your status as a permanent resident.
- If you are a naturalized Canadian citizen
Inadmissibility generally applies to temporary residents and permanent residents, as Canadian citizens have a right to enter, leave, and remain in Canada. ( Charter of Rights and Freedoms Section 6(1)). This means that once you become a Canadian citizen, inadmissibility does not apply to you. However, there is one exemption. Misrepresentation. If you obtain permanent residency and/ or Canadian citizenship by providing false information, your status could taken away depending on the complexity of the issue, so always be honest and ensure all information is correct.
- If you are a Canadian citizen by birth
Inadmissibility does not apply to Canadian citizens who were born in Canadian soil. There are very rare cases that Canadian citizenship was in question due to parents’ status in other countries or activities in Canada; however, they are very very rare cases, and inadmissibility is not for Canadian citizens as I mentioned earlier.
Conclusion
Affects of inadmissibility totally depends on your situation. It is very difficult to say how it influences on your case without paying attention to other details, as inadmissibility is not always absolute, and there are some exemptions. So, again, please talk to a professional if you ever wonder if you may be inadmissible. It is always good to clear your doubts before you even file your application to Canada.
