Canada immigration: Check ways to overcome inadmissibility
2 min read . Updated: 19 Jul 2022, 09:31 PM IST
PremiumCanada has admissibility requirements that each foreign national must know before trying to enter the country. Here are some ways to pass the inadmissibility test.
Amid the Express Entry draws to get Canadian Visa resumed from 6 July, a lot of curiosity has been witnessed among Indians who are seeking to visit the North American country either for job or study purposes.
Though majority of the applicants belong to the student category, few are looking for an option to to get a visa that can secure them a permanent residency in Canada.
Apart from the visa application process, Canada has admissibility requirements that each foreign national must know before trying to enter the country. This includes passing a criminal background check and undergoing medical examinations.
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Lets take a detailed look at minutes of it:
Criminal Inadmissibility:
A foreign national arrested or convicted of a criminal offence, can be considered criminally inadmissible to Canada. When determining an individual’s criminal inadmissibility, Criminal Code of Canada is very strict and it makes sure foreign convictions and arrests are compared to Canadian laws.
In case the summary offense and it is the only criminal conviction, the applicant may be considered admissible to Canada and will not require permission to enter the country.
While, if the person's offense is equivalent to an indictable offence, he or she will considered inadmissible to Canada and require permission to enter the country.
Under the Canadian law, there are three main ways to overcome inadmissibility to Canada – Temporary Resident Permit (TRP) application, Criminal Rehabilitation application and Legal Opinion Letter.
TRP: Under TRP, a candidate is granted temporary access to Canada for a certain period of time, if he/she shows a valid reason for entering into Canada. The maximum period for TRP application is three years. He/she n apply for a TRP at any point and does not require the completion of a criminal sentence.
Criminal Rehabilitation application: If interested in permanently clear one's past criminal history for the purposes of entering Canada, one can choose this method. It is a one time solution and upon receiving approval for criminal rehabilitation, an individual is no longer considered inadmissible.
But, to apply under this criteria, one must have:
a) committed an act outside of Canada that would be equivalent to an offence under the Canadian Criminal Code
b) convicted of or admitted to committing the act
c) Five years must have passed since the sentence has been completed.
Legal opinion letter: Drafted by a Canadian immigration lawyer, the legal opinion letter will explain the consequences of a conviction for the Canadian immigration purposes. The letter would help the official decide how to respond to charges and how different outcomes would affect their ability to come to Canada, reports CIC News.
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Medical Inadmissibility:
All applicants are required to undergo a medical examination if they wish for a Canadian immigration visa. However, applicants found medically inadmissible in case:
a) the applicant has a medical condition that may endanger the health or safety of the Canadian population.
b) the applicant's admission may cause excessive demand on Canada’s public health and social services.
Though, the medical officer must consider the nature, severity and probable duration of any health impairment with which the applicant is suffering to determine his or her medical inadmissibility. In those case too, TRP can help an applicant overcome medical inadmissibility and enter Canada.
