If You Answered "Yes", This Blog is for you!
When you apply to come to Canada, whether temporarily or permanently , there will be a two step process. One, the Officer will assess your eligibility for the program you are applying for. And then next, they look at whether you have criminal records, or if you have enough money to support yourself or your family members, or if you have medical conditions that can be a danger to public health, public safety or if you have an illness that could cause excessive demands to Canada's healthcare, etc.
If you fail any of those stages, you would be denied a visa, permit or entry to Canada. For example, if you did some terroristic acts in the past, you could be found inadmissible due to Security risk and you would not be allowed to enter Canada. Same thing with criminalities, they can also cause your application to be denied.
But, is there still a possibility of being able to come to Canada for you? Yes there is. Depending on your situation. Canada's immigration system is a balancing act. In one part, Canada wants to re-unite families and invite Foreign Nationals to come and contribute to the economy. On the other hand, it wants to ward off people who can be troublesome. So, depending on the seriousness of your inadmissibility or ineligibility and what is the significance to Canada if you were allowed to enter its border, you may still come to Canada. And there are a few ways this can be done and some are discussed below.
One, if you are applying to just come temporarily to Canada, you could apply for what is called Temporary Resident Permit(TRP) which can be done inside or outside of Canada. This method can be used to over come inadmissibility or issues related to requirements you do not meet. Once you are issued a TRP for at least 6 months, you can apply for a work or study permit. Also, depending on the type of your inadmissibility, if you stayed in Canada for at least three or 5 years, you could automatically become a member of the Permit Holder class which could be your ticket to becoming a permanent resident.
The second way to overcome your inadmissibility is through Humanitarian and Compassionate Grounds (H&C). This option is used for Permanent Residency applications and aside from Inadmissibility, it could also be used to ask exemptions from other requirements you do not meet. It can also be done inside or outside Canada.
The last method is called Authorization to Return (ARC). ARC is used if you were previously removed from Canada and you were issued either and Exclusion or Deportation order. Exclusion Order would bar you from coming back to Canada for at least 1 or 5 years, depending on your inadmissibility. If your bar period has not lapsed yet you need to apply for ARC. If you have been removed from Canada through Deportation, you are permanently barred from coming to Canada and you will always need to apply for an ARC before you are allowed entry.
These are some of the few remedies you could use to be able to come to Canada if you are inadmissible or ineligible. This does not mean, however, that anyone can use them. Just like what I mentioned, Canada's Immigration is a balancing act and you need expert opinions from Immigration Law Professionals to help you assess your situation.
So, do you or anyone you know can use these options? We are happy to help you navigate them for you. Reach out to us by going to our Contact section.
