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Canadian immigration

Inadmissibility

Navigating inadmissibility issues can be complex and requires expert legal guidance. At Dhaliwal & Dhaliwal LLP, we are committed to supporting you through this critical process and working towards a positive disposition for your case.

What is Inadmissibility?

Inadmissibility refers to a legal status that prevents individuals from entering or remaining in Canada. It can be based on various grounds, including criminal convictions, health issues, security concerns, and non-compliance with immigration laws. If deemed inadmissible, you may face challenges in obtaining a visa, permanent residence, or even entry into Canada.

Common Grounds for Inadmissibility

  1. Criminal Inadmissibility: Individuals with criminal convictions, including offenses committed outside Canada, may be deemed inadmissible. This can include serious crimes, such as assault or drug trafficking, as well as less severe offenses, depending on the circumstances.

  2. Medical Inadmissibility: Applicants may be deemed inadmissible due to health conditions that could pose a risk to public health or safety, or if their health care needs are expected to place excessive demand on Canada's health care system.

  3. Security Inadmissibility: This includes individuals involved in activities that threaten Canada’s national security, such as espionage, terrorism, or organized crime.

  4. Financial Inadmissibility: If you are unable to prove that you have sufficient financial resources to support yourself and your dependents while in Canada, you may be deemed inadmissible.

  5. Misrepresentation: Providing false or misleading information in your immigration application or during an interview can result in inadmissibility. This includes withholding information or providing incorrect documents.

  6. Non-Compliance with Immigration Laws: Violations such as overstaying a visa, working without authorization, or breaching the conditions of your stay can lead to inadmissibility.

Overcoming Inadmissibility

Each inadmissibility case is unique and requires a tailored, strategic approach based on its specific facts to improve the chances of a successful outcome.

Step 1: Understand the Grounds for Inadmissibility

Identify the specific reason for your inadmissibility. Understanding the grounds is essential for addressing the issue effectively and determining the appropriate legal strategies.

Step 2: Seek Legal Advice

Consult with an experienced immigration lawyer to discuss your inadmissibility issue. A lawyer can help you understand your options, including possible waivers, applications for rehabilitation, or other remedies.

Step 3: Explore Possible Remedies

Depending on the grounds for inadmissibility, potential remedies may include:

  • Criminal Rehabilitation: For individuals with criminal convictions, applying for criminal rehabilitation may be an option to overcome inadmissibility. This process involves demonstrating that you have been rehabilitated and are not a threat to Canadian society.

  • Temporary Resident Permits (TRP): A TRP allows individuals who are inadmissible for specific reasons to enter or remain in Canada temporarily. This permit is granted based on the need for entry and the potential risk to Canadian society.

  • Medical Waivers: If your inadmissibility is due to health reasons, you may be able to provide evidence that your condition will not place excessive demands on Canada’s health care system or that you have adequate health insurance.

  • Misrepresentation Issues: If inadmissibility is due to misrepresentation, you may need to address the inaccuracies, provide corrected information, and demonstrate that the error was unintentional.

Step 4: Prepare for an Admissibility Hearing:

If required, attend an admissibility hearing conducted by the IRB's Immigration Division.

Gather evidence and documents to support your case, such as proof of rehabilitation, medical reports, or financial stability.

Step 5: Comply with Conditions

If allowed to remain in Canada, comply with any conditions imposed by the IRB or IRCC.

How We Can Help?

Our experienced immigration lawyers are here to assist you with every step.

Initial Consultation

We assess your situation to determine the grounds for inadmissibility and discuss potential remedies and strategies.

Document Preparation

We help you gather and prepare all necessary documentation, including applications for rehabilitation, TRPs, or waivers.

Admissibility Hearing

Participate in a hearing before the Immigration Division of the Immigration and Refugee Board (IRB). This process addresses concerns about admissibility and provides an opportunity to present your case effectively.

Follow-Up and Support

We monitor the progress of your case, respond to requests for additional information, and provide updates throughout the process.

Address Inadmissibility Today

If you are facing inadmissibility issues and need assistance in overcoming these barriers, we are here to help. Contact us today to schedule a consultation with one of our expert immigration lawyers. We are committed to supporting you through this critical process and working towards a positive resolution for your case.