Overcome Inadmissibility

Overcoming Inadmissibility

Applicant must be admissible prior to or upon entering Canada. Determining admissibility can be a complex process and the onus is on the applicant to establish admissibility. There may be reasons an applicant can be considered inadmissible to Canada.

Most common reasons for Inadmissibility issues are related to criminality, serious medical issues, or misrepresentation. There are ways to overcome such inadmissibility; however, to overcome inadmissibility due to misrepresentation involves 5 year waiting before applying again to come to Canada.

Inadmissible individuals may be “eligible” to apply for a specific application(s) to render them admissible to enter Canada either for a temporary time period or remove inadmissibility permanently as long as no other charges ore convictions occurred thereafter. However it depends on the passage of time when the person may apply to overcome their inadmissibility. Immigration methods used to overcome inadmissibility of convictions and or offences may be one or more of these remedies:

  • Deemed Rehabilitated for persons convicted outside of Canada
  • Individual Rehabilitation for persons convicted outside of Canada
  • Record Suspension (formerly “pardon’) for persons convicted in Canada
  • Temporary Resident Permit (TRP) for persons convicted either in or outside Canada
Authorization to Return to Canada (ARC)

Foreign nationals who have been issued a deportation order will have to apply for an ARC to IRCC. IRCC officer examine following factors while assessing ARC application:

  • Time passed since the deportation
  • Reasons why want to come back to Canada
  • Reasons and circumstances for removal from Canada
  • Possibilities of repeating the previous offence or behaviour led to removal from Canada
  • Ties in home country, Canada, and stability in home country
  • Reasons for not leaving Canada within the required 30 days, if required to do so
  • Probabilities to return to home country at the end of temporary stay in Canada

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Removal Order

Authorization to Return to Canada

Departure

Not Required - if left Canada within the required 30 days time frame, and departure was verified by an CBSA officer. If failed abide by any of these requirements, ARC will be required.

Exclusion

Not Required - if 1 year has passed since departure from Canada, and hold a Certificate of Departure that has a date of leaving Canada

Required - if need to return within 1 year after the removal order has been enforced, and do not have Certificate of Departure 

In case of misrepresentation - must wait for 5 years

Deportation

Must apply for an ARC

Let us assist you in overcoming inadmissibility issues with our professional guidance.  Contact us in confidence to evaluate your inadmissibility issues.