You may need to come to Canada for a specific purpose, such as business, tourism, or leisure. However, if you have been convicted of an offence in the past this may be a problem, as you will be considered criminally inadmissible to Canada. Nevertheless, this is not necessarily the end of the line for you. You can seek to overcome your criminal inadmissibility by applying for a Temporary Resident Permit which allows you to enter Canada.
However, an immigration officer will thoroughly assess your situation and your application before deciding whether you are issued a Temporary Resident Permit. In making this assessment the officer will look at whether your need to enter Canada is compelling enough that your criminal inadmissibility can be overcome.
Assessing Whether Your Need Is Compelling Enough To Allow You To Enter Canada
Overcoming your criminal inadmissibility is no small feat. This is because Canada’s immigration system has procedures in place to protect the safety and security of Canadian society. Therefore, when an officer is deciding whether your inadmissibility may be overcome so that you can enter Canada, he or she will weigh your need to come to Canada with the risk of your entry to Canada.
If you’re inadmissible to Canada because of a criminality, your need to enter or stay in Canada must be compelling and sufficient enough to overcome any health or safety risks to Canadian society. The degree of your need will depend on your particular circumstances.
The following are some of the factors that an immigration officer will look at to determine whether they can issue you a Temporary Resident Permit to overcome your criminal inadmissibility:
- The immigration officer must consider:
- The factors that make your presence in Canada necessary (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event)
- The intent of the legislation
- · The assessment may involve:
- The essential purpose of your presence in Canada
- The type/class of application and pertinent family composition, both in your home country and Canada
- The tangible and intangible benefits which may accrue to you or any other person
- The identity of your sponsor, host, or employer
At Akrami & Associates, our team of legal experts has the skills, knowledge and expertise to help you with your application to overcome your criminal inadmissibility. We will find a solution even when your circumstances seem dire.