10 Things You Should Know About Being Inadmissible to Canada » Beatnaija

10 Things You Should Know About Being Inadmissible to Canada

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How can you enter Canada if you’ve been deemed inadmissible to the country? You might be considered inadmissible to Canada due to any number of reasons, including criminal activity or fraud. If you are deemed inadmissible to Canada, it doesn’t mean that you can never visit or move to Canada; it just means that you have to meet certain criteria first.

I am inadmissible

A person is inadmissible to Canada if they are deemed ineligible by an immigration officer because of health grounds, criminality or security reasons. There are two broad categories of people who could be deemed inadmissible to Canada: people with a criminal conviction, and people with a health condition. In either case, you can still apply for entry into Canada; however, depending on your situation you may require special permission from Citizenship and Immigration before entering or staying in our country. It is important that you understand all aspects of being deemed inadmissible to ensure you plan for any eventualities that might arise during your time at our border. Let’s take a look at 10 things about being deemed inadmissible which most applicants aren’t aware of until it’s too late

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What if I have been deemed rehabilitated?

If you have been deemed rehabilitated, you may be eligible for entry into Canada without a Temporary Resident Permit. The Immigration and Refugee Protection Act (IRPA) states that only individuals who have been given a record suspension or are in process of applying for one are considered rehabilitated; therefore, if you do not currently hold a record suspension or are in process of applying for one, then you will need a Temporary Resident Permit before entering Canada. To learn more about your options for becoming admissible to Canada again, it’s recommended that you speak with an immigration consultant.

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Can my parents be deemed rehabilitated?

If you’re wondering whether your parents can be deemed rehabilitated, you may have heard that criminal convictions for minor offenses and/or non-serious crimes are not necessarily grounds for inadmissibility. But, a criminal conviction can lead to inadmissibility if it was considered serious criminality. Fortunately, most types of minor or non-serious convictions do not automatically qualify as serious criminality. For example, possession of small amounts of drugs is usually deemed an offense involving moral turpitude (CIMT), but will not generally be considered serious criminality.

Can my spouse be deemed rehabilitated?

If you are inadmissible to Canada based on a past criminal offence, you may be able to apply for rehabilitation. If you receive a removal order due to criminality, or if you come into Canada as a temporary resident and commit an offence that makes you inadmissible, your spouse can apply for Deemed Rehabilitation if: Your spouse is 21 years of age or older; and At least five years have passed since your last conviction or since you’ve been granted deemed rehabilitation (in some cases). If deemed rehabilitation is granted, it means that the clock resets on your criminal inadmissibility – any exclusion period will no longer apply. It also allows you to become a permanent resident through family sponsorship.

Can my children be deemed rehabilitated?

Yes, children under 18 years of age can be deemed rehabilitated. However, you should know that if they have been deemed inadmissible, they will be required to submit a new rehabilitation application when they reach 19 years of age. If an adult has been deemed inadmissible but has a child who is only 19 years old, and he or she wants his or her child included on their rehabilitation application at that time, there are two things he or she must do: First, his or her child must file an Individual Consent application (IMM 5476) stating that he or she is willing for his or her information to be included on their parent’s application for rehabilitation.

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What is the difference between rehabilitation and deemed rehabilitation?

Deemed rehabilitation is different from traditional rehabilitation in that it only applies to those with criminal inadmissibility issues. It is not a program you can apply for, but rather a status you are automatically granted if your crime was deemed less than serious by Canadian immigration officials and you have resided outside of Canada for at least 10 years (for most crimes). Dequalification of a charge means that one can be found criminally inadmissible, but after having been removed from Canada for at least 10 years, deemed rehabilitation results in automatic admissibility. The best way around being inadmissible is not to break any laws!

Why should I fight my deportation?

If you’re facing deportation, it can seem like a no-win situation. But while you might be tempted to just give up and go back to your home country, that’s not always a good idea. If your visa or status is set to expire and you’re planning on returning home, think again. Canada will issue a removal order against any foreigner who stays in the country illegally for more than six months after their legal right to stay has expired. Read on for a list of ten things you should know about being inadmissible and fighting your deportation!

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Are there any exceptions to the criminality rule?

If you have a minor crime on your record, are there any exceptions that could make you admissible to Canada? Absolutely. There are three ways in which a small crime can be forgiven: If your offence is considered politically motivated. This often applies to individuals who were trying to overthrow a dictatorship or fight against racism or inequality within their own country. If your crime was deemed committed for reasons of compelling humanitarian considerations. This includes helping someone who is sick or injured and getting caught up in a traffic accident while trying to get them medical attention.

How do I plead in court?

It’s important to remember that you’re not pleading guilty in a criminal case. Rather, you’re asking for permission (called an approval of stay) from Citizenship and Immigration Canada (CIC) for something that would make you inadmissible. Not all criminal cases will result in a bar on entry, but it pays to be prepared just in case. If there is evidence of a serious crime like murder or rape, it will be virtually impossible to gain approval for rehabilitation. However, many other crimes have quite lenient standards when determining if rehabilitation is appropriate and your chances could be significantly higher than you might expect. It’s recommended that immigrants consult with an immigration lawyer before entering any plea agreement with prosecutors.

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