Canada

Canada places a strong emphasis on ensuring the admissibility of foreign nationals before granting entry into the country. Immigration, Refugees and Citizenship Canada (IRCC) and the Canadian Border Services Agency (CBSA) actively work to secure the nation’s borders and may deny entry to individuals perceived as potential risks, particularly those with a likelihood of committing a crime during their stay in Canada.

Family Member Inadmissibility

Medical inadmissibility is another consideration, involving individuals deemed a danger to public health or safety or those with conditions expected to strain health and social services.

In the context of family sponsorship, all family members, whether accompanying or not, undergo scrutiny. This includes a comprehensive evaluation for criminal or security concerns, along with a mandatory medical examination. 

Typically, applicants and family members aged 18 and above must furnish police certificates or records of non-conviction. If a family member is determined to be inadmissible, whether accompanying or not, it can result in the denial of entry for the principal applicant.

For non-accompanying family members, the principal applicant may be considered inadmissible if the inadmissible family member falls under categories like spouses, common-law partners, dependent children, or dependent grandchildren.

However, certain conditions may exempt a principal applicant from being deemed inadmissible due to their family member:

1. They are a temporary resident or applicant.
2. The inadmissibility is not related to security, human or international rights violations, or organized criminality.

The Immigration and Refugee Protection Act (IRPA) distinguishes between permanent and temporary residents concerning family member inadmissibility, with permanent residents subject to broader criteria due to their intent to remain in Canada.

If a family member is found inadmissible, it is crucial to disclose this information in your application to avoid misrepresentation. To address inadmissibility, there are several options available:

• Temporary Resident Permit (TRP): Grants temporary access to Canada for up to three years based on the reason for entry, without the need to complete a criminal sentence.
• Criminal Rehabilitation Application: Permanently clears past criminal history, allowing entry without the need for renewal. Eligibility criteria include committing an act outside of Canada equivalent to a Canadian Criminal Code offense, admitting to or being convicted of the act, and completing five years since the sentence.
• Legal Opinion Letter: A preemptive measure where a Canadian immigration lawyer drafts a letter referencing relevant Canadian law sections. This document outlines the consequences of potential convictions, aiding authorities in determining the impact on Canadian immigration status.

To qualify for criminal rehabilitation, individuals must satisfy the following conditions:

• Engage in an act outside of Canada that equates to an offense under the Canadian Criminal Code.
• Either have been convicted of or admitted to committing the said act.
• A period of five years must have transpired since the completion of the sentence, encompassing jail terms, fines, community service, or probation.

Furthermore, individuals who have committed or been convicted of a crime can proactively mitigate the risk of being deemed inadmissible to Canada by submitting a Legal Opinion letter. This document, prepared by a Canadian immigration lawyer, cites pertinent sections of Canadian law. It delineates the repercussions of a guilty verdict and elucidates how such an outcome would impact Canadian immigration. 

The letter’s contents assist the adjudicating authority in assessing responses to various charges and understanding how disparate convictions and sentencing might influence an individual’s eligibility to enter Canada.

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