An applicant is inadmissible to Canada if the examining officer determines that he or she poses or will pose a health and safety risk to the public. The concept of inadmissibility has many nuances, but at its most fundamental, it can be divided into two broad categories: medical/health and criminal.
When a person is deemed to be a risk to the general welfare, a danger to public safety, or someone who would put an undue burden on social and medical services, this is known as medical inadmissibility. Criminal inadmissibility happens when a person has performed an act outside of Canada that is illegal both in the nation where it occurred and in Canada.
Although foreign offences that violate any Canadian federal law might result in inadmissibility, however, the most common reason for it to happen is the foreign counterpart of a Canadian Criminal Code infringement.
How to Overcome Criminal Convictions and Inadmissibility to Canada?
There are a number of options for a foreign individual to enter Canada despite a criminal conviction aside from an inadmissibility hearing.
An immigration officer reviewing the case may allow the foreign national back into Canada if they are satisfied that enough time has passed since their conviction for the offence that they are now rehabilitated.
Moreover, deemed rehabilitation is only appropriate when the crime committed outside of Canada would result in a sentence of less than 10 years in jail if it were committed inside of Canada.
The foreign individual must achieve the specified requirements for rehabilitation and be regarded as extremely unlikely to commit new offences.
A record suspension from the Parole Board of Canada, formerly known as a pardon, would remove the foreign national’s entry ban from Canada.
Legal Opinion Letter
Having a lawyer testify on their behalf and justify to an immigration or border services official why the foreign national is not genuinely inadmissible to Canada can help foreign nationals who are trying to enter Canada.
Temporary Resident Permit
If a foreign national has good cause to be in Canada, they can enter or remain there with a Temporary Residence Permit (TRP). The inspecting immigration or border services officer may decide to grant TRPs, accordingly.