Outlining the Ways to Overcome Your Inadmissibility - Immigration Law Firm
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Outlining the Ways to Overcome Your Inadmissibility

Outlining-the-Ways-to-Overcome-Your-Inadmissibility

How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

Temporary Resident Permit

A temporary resident permit allows you to temporarily visit Canada despite your inadmissibility; if you have a compelling reason to come to Canada, and can convince an immigration officer you will not be a threat to the security of Canadians for the duration of your visit. This means you cannot be expected to place undue pressure on the social services Canada provides, such as health care. While at the same time, you cannot be expected to commit any criminal offense while you are here, and an immigration officer must believe you intend to leave at the end of your authorized stay in Canada. Essentially, in assessing your application for a temporary resident permit, an immigration officer will consider the reason you seek entry into Canada, your “needs,” and weigh this against the likelihood you will pose a threat to Canadians while you are here, the “risks.” Then, you will be issued a temporary resident permit for a specific length of time if it is “justified in the circumstances.”

Please note, a temporary resident permit is not a temporary resident visa. If you come from a non-visa exempt country and are an inadmissible traveler, you will require both a temporary resident permit and a temporary resident visa to be permitted to enter the country. If you are from a visa-exempt country and are inadmissible, you will still need a temporary resident permit, but you will probably only have to also get an electronic travel authorization, assuming you are flying to Canada.

Finally, if you are inadmissible but wish to study or work in Canada, you may apply for a study or work permit when you apply for a temporary resident permit.

Applying for a Temporary Resident Permit

There are a couple of different ways one can apply for a temporary resident permit. If you have an urgent travel date, and you live in the USA, or for some reason have the opportunity to get to the Canadian border, you could apply for a temporary resident permit at the port of entry. Through this process, you show up to the border prepared with your application package for a temporary resident permit, you circumstances are assessed by an immigration officer and you will be given a decision as to whether you can enter the country or not the very same day. This is a very beneficial process if you have an urgent travel date. Though, if you do have time to spare, there are also benefits to applying for a temporary resident permit through the Canadian consulate. The applications submitted to the consulate take roughly 8-12 months for processing, though, undertaking the longer process indicates to immigration officers that you care very must about overcoming you inadmissibility and making your future travel dates without issue. Please note temporary resident permits carry a $200CAD non-refundable processing fee.

Criminal rehabilitation

While a temporary resident permit can be used to overcome any reason for being inadmissible, other than removal orders, applying for criminal rehabilitation is only useful to individuals who are inadmissible to Canada for criminal reasons. Also, unlike temporary resident permits, applying for criminal rehabilitation is a permanent solution to overcoming your inadmissibility. To be eligible for criminal rehabilitation, there are certain requirements you must meet regarding the amount of time which has passed, based on the offenses you are inadmissible as the result of. Factors like severity of the offence, how many offences committed are all important when determining the amount of time which must pass before you will be granted the status of criminally rehabilitated and permitted to travel to Canada as you please again. These applications take approximately 18 months to process and depending on the nature of your offense; the total application processing fee will either be $200CAD (minor offenses) or $1000CAD (serious offenses).

In the same way submitting an application for a temporary resident permit to the consulate can show you are serious about overcoming your inadmissibility, applying for criminal rehabilitation has the same effect. Though, some individuals have an urgent need to come to Canada, and cannot wait 12 months for an approval. In this case, they could apply for a temporary resident permit at the port of entry, and can then truthfully tell the officer an application for criminal rehabilitation has been submitted to the consulate. There is a good chance this reflects well on you, in the officer’s opinion.

The same as a temporary resident permit, criminal rehabilitation does not exempt you from the need to apply for a temporary resident visa if you come from a non-visa exempt country.

Authorization to Return to Canada

If you are inadmissible to Canada because you received a removal order, you may need to apply for authorization to return to Canada, depending on the type of removal order you received. There are three types of removal orders, they are as follows:

  1. Departure
  2. Exclusion
  3. Deportation

1. A departure order is a notice that you must leave the country within 30 days of being issued the notice. Also, when you leave the country, you must notify a Canadian border officer that you are leaving the country to have fully complied with the requirements of your departure order. Failure to abide by the conditions of your departure order will result in it automatically becoming a deportation order. For example, if you do not leave the country within 30 days, or you do not inform an officer of your departure, your departure order will automatically turn into a deportation order. On the other hand, if you do abide by the conditions on the order, you will not require an authorization to return to Canada, because the departure order did not make you inadmissible. Therefore, it is very important to carefully follow the instructions of a departure order.

2. An exclusion order requires you to leave the country, and stay out of the country for at least 12 months following your departure. Similar to a departure order, you must inform an immigration officer of your departure so that you can be issued a certificate of departure, showing the date you exited the country. Without this certificate, there is no way to prove you have stayed out of the country for at least 12 months, and this will greatly complicate your ability to enter Canada again. In fact, if you wish to enter Canada again and you did not receive a certificate of departure, or, less than 12 months has passed, you must apply for an authorization to Canada. Though, the good news is, aside from these circumstances, an exclusion order does not render you inadmissible to Canada.

3. Finally, if you received a deportation order, you definitely need individual to apply for authorization to return to Canada, to be permitted to re-enter the country. This is because a deportation order makes you an inadmissible traveler indefinitely. So, if you would like to re-enter Canada at any time in the future, you must obtain express permission from an authorization to return to Canada first.

Contact Akrami and Associates

If you believe toy may be inadmissible to Canada for any reason, you will necessarily encounter one of these processes before you are permitted to enter Canada again. It is important to prepare a strong application, as immigration officers have complete discretion as to whether or not you will be allowed to enter Canada again. Therefore it is very important to understand your situation and the application process fully, to ensure you have the best chances of being permitted to enter Canada. Applying for an ARC, a temporary resident permit, or criminal rehabilitation can be extremely stressful and difficult to pursue on your own, because each application is very specific to your given circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients who are inadmissible as the result of a removal order, apply for authorization to return successfully. If you need assistance, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!

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