Services

Inadmissibility

01

Rehabilitation

If you are criminally inadmissible to Canada, you may be eligible to apply for criminal rehabilitation and overcome this inadmissibility. The criminal rehabilitation application has several intricate eligibility criteria, depending on the nature of the offense, length of sentence, completion of sentence and an individual’s criminal record. If an applicant is eligible to apply, they must prove they have become rehabilitated and are unlikely to re-offend. In preparing this application, it is important not to miss any detail, and address the past criminality, present circumstances and purpose of the visit. At Esna Law PC, we assist clients with preparing and submitting their criminal rehabilitation application, creating a strategy from the outset and implementing it with the right documentation and submissions.

Rehabilitation

02

Criminal Inadmissibility

An individual might be found inadmissible to Canada due to criminality based on the following points:

  • If there was a conviction outside of Canada that would equal to an indictable offence that results in a sentence of less than 10 years in Canada.
  • If there were two convictions outside of Canada that would equal to summary offences in Canada.
  • If there was a conviction outside of Canada that would equal to a hybrid offence that results in a sentence of less than 10 years in Canada.
  • If there was a conviction inside Canada that is an indictable offence with a sentence of less than 10 years.
  • If there was a conviction inside Canada of two or more summary offences.

If this situation might apply to you or someone you know, disclosure is key to any application that might be made. It is required to provide any and all documents related to any and all charges or convictions a person might have when applying for anything in Canada. There are factors that need to be looked at when applying for anything while being criminally inadmissible. However, it is possible to file an application for Rehabilitation if the offences were outside of Canada. This is an extensive application that provides a clear understanding to the deciding officer as to whether or not the individual might be rehabilitated. If the offence is in Canada, there is an application called Record Suspension, and that is equally as labour-intensive of an application that carries with it various number of affidavits and forms.

03

Misrepresentation

Providing false information or altered documents is a serious offence in Canada. This is called fraud and thus labelled as misrepresentation by the Government. Examples of such fraud can be found in passports, travel documents, visas, diplomas, degrees, certificates of birth, certificates of marriage, and others.

If there is any suspicion that misrepresentation is occurring through documentation or an interview with an officer, the application will be refused. Consequences might involve:

  • Removal order issued.
  • Taking away a citizen or permanent residence status.
  • Charging the individual with any potential crime committed.
  • Producing a permanent record of fraud with Immigration, Refugees and Citizenship Canada.
  • Forbiddance from entering Canada for at least 5 years.

If you are faced with this serious issue, please contact Esna Law PC today to find out what your options might be and what avenues you have to correct any possible mistake made.

04

Medical Inadmissibility

Depending on the application you are submitting, you and your loved ones might be required to undergo a medical examination by a physician who is approved by the Government. In some cases, there can be a finding of medical inadmissibility. Some cases include:

  • If an individual’s health status might cause excessive demand on the health care system or various other health services provided by Canada.
  • If an individual’s condition would endanger the health or safety of the population due to a contagious disease.

If such an occurrence happens, the deciding body will send out a document called a Procedural Fairness Letter. This letter acts as an opportunity to respond with a concrete argument that proves your case enough for there not to be a refusal.

This might also be an opportunity to obtain a second opinion that helps your case along.

Unauthorized Employment or Stay in Canada

05

Unauthorised Employment or Stay in Canada

If an individual does not possess any permit to work in Canada, ie. A Work Permit, or any other valid permit to be in the country, there are consequences. If there is a person who has been working without valid documentation, the company will be liable for a fine of up to $50,000 per violation or a term of imprisonment for up to two years.

The individual themselves might be issued an inadmissibility report, and a notation will be made on the system that the Canada Border Services Agency and the Immigration, Refugees and Citizenship Canada use collectively. This notation is incredibly difficult to remove, and the system will pick up a flag every time this individual attempts to enter Canada. Once this individual has left Canada, they will be barred from applying for a work permit in Canada for 6 months.

06

Complex Inadmissibility Cases

Security, organized criminality, human or international rights violation.

Complex immigration inadmissibility cases involve individuals facing barriers to entry based on specific grounds such as security, organized criminality, and human or international rights violations. Security-related cases often entail thorough scrutiny of an applicant’s background for potential ties to terrorism or espionage, striking a balance between national security and individual rights.

Cases involving organized criminality require nuanced evaluations of an individual’s involvement and its implications for public safety, often involving collaboration with law enforcement agencies. Additionally, cases tied to human or international rights violations demand careful examination of an individual’s actions, considering evolving international standards while upholding due process.

These complex cases underscore the intricate balance required in immigration decisions, involving both security imperatives and the protection of fundamental rights.