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Canada Immigration Law

Inadmissibility | Rehabilitation | Deportation | Temporary Resident Permit (TRP)

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Being determined to be inadmissible to Canada and/or facing deportation from Canada can be overwhelming - but you don’t have to go through it alone. Our experienced legal team is here to protect your rights, explore every option, and fight for the best possible outcome.


Inadmissibility

Inadmissibility means a person is not allowed to enter or remain in Canada under the Immigration and Refugee Protection Act (IRPA) for reasons such as:

  • Medical grounds
  • Misrepresentation
  • Financial reasons
  • Criminality
  • Non-compliance
  • Security concerns
  • Human Rights violations

If a person is found inadmissible, they may face refusal of entry, a removal order or deportation. In many cases, legal remedies may be available such as appeals, applications for Temporary Resident Permits (TRP) or humanitarian and compassionate relief.

In most cases, it will be clear to you that you are being investigated before a determination is made. If you receive any communication from Immigration, Refugee and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) to indicate that you are being investigated, do not delay in contacting us to assist you.


Medical Inadmissibility

Some people may be found medically inadmissible if their health condition could negatively impact Canada’s health or social systems. A person can be found medically inadmissible if they have a contagious disease, are a danger to public safety, or present an excessive demand on Canada’s health or social systems.

Some people are exempt from medical requirements such as sponsored spouses, common law partners and dependent children.

Even if you are found inadmissible for medical reasons, there may be options if:

  • You can show your plan to manage your condition without relying on public services
  • There are humanitarian and compassionate considerations
  • There are reasons to challenge the decision by way of appeal or Judicial Review.

If you or a loved one has been found medically inadmissible, don’t give up hope. Our experienced immigration team can review your case, explore legal solutions and build a strong strategy to protect your future in Canada.


Misrepresentation

Misrepresentation occurs when a person provides false information, withholds important facts or presents misleading documents in any Canadian immigration application. The consequences of being found inadmissible for misrepresentation include refusal of your application, a 5 year ban from entering Canada, and possible removal or deportation if already in Canada.

If you have been accused of misrepresentation, we understand that mistakes can happen and circumstances can be complicated. It is important to know that there are legal avenues to address these issues. Our team approaches every case with understanding and care, working closely with you to review your situation.


Criminal Inadmissibility

A person can be found criminally inadmissible to Canada if they are convicted of, or committed acts that would be considered a crime under Canadian law. Common causes of being deemed inadmissible for criminality include:

  • Convictions in Canada or abroad
  • Multiple minor convictions that add up to a serious offence
  • Crimes related to controlled substances, fraud or violence.

Canada takes the safety of our citizens and country very serious, as do we. Canada believes that everyone deserves a chance to rebuild and move forward and has provided possible solutions to overcome inadmissibility through the criminal rehabilitation process.

Criminal rehabilitation is a complex area of law and requires professional legal guidance to understand your options and pursue the best possible outcome.


Rehabilitation Process

If enough time has passed since your conviction and your sentence has been completed, you can submit a Rehabilitation Application. You will need to show that that you have changed, taken responsibility for your past actions and are unlikely to commit further offences. This process is very detailed and must include criminal records, personal statements and supporting documents to demonstrate your rehabilitation. Contact us today for a confidential consultation and let us help you take the first step towards a fresh start in Canada.


Deportation

A person can be departed from Canada if they:

  • Have no legal status (eg. overstayed a visa, illegal entry).
  • Are inadmissible due to criminality, misrepresentation, or security reasons.
  • Had their refugee claim or permanent residence application refused.
  • Violated immigration conditions (e.g. working without authorization).

If you are under investigation by the Canada Border Services Agency (CBSA) or Immigration, Refugee and Citizenship Canada (IRCC), you should not delay in contacting us to assist you.

The result of a Deportation Order being issued is that you will have to leave Canada and be barred from returning for a specific period of time or at all. You will also have to apply for an Authorization to Return to Canada (ARC).

 

Canadian Economic Immigration Assessment

Complete our confidential assessment to find out if you qualify under Canada’s economic immigration system.

Start Your Assessment

 

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Have questions about Canadian immigration?

Learn more about the Immigration process in our FAQs


Immigration Law Lawyers

Marvin Geekie
Associate Counsel
Wendy Cheung, Q. Med, C. Arb.
Associate
Jens Deppe
Associate
Kevin Cheung
Associate