Get in touch
We can help with your immigration matter from anywhere in the world.
Please fill out the form below and one of our team members will reach out to book a consultation. We can handle all inquiries online.
Overcoming Canadian Inadmissibility
At Jain Immigration Law, we have extensive experience assisting those with criminal charges, convictions and with those who have received “procedural fairness letters” from the Department. Your conviction could have taken place either in Canada or abroad. If we are approached early, we can often work with criminal lawyers and write expert legal opinions which can be used by them when negotiating with prosecuting lawyers and judges. Put our hard-earned reputation to work for you! Reputation matters and the introduction of our legal opinion describes Mr. Jain’s many accolades and he signs these letters personally. Avoiding inadmissibilty is the best scenario for you.
Even when a conviction is already registered, we can help advise on overcoming it with the proper permits (waivers), whether for the short term or to permanently erase the impact of the conviction for your future visits or permanent immigration to Canada. It is possible to visit Canada as a criminal (so to speak) and to immigrate to Canada as a holder of a criminal conviction.
Similarly, if the Immigration Department has written to you with a serious concern relating to your application, you will need a procedural fairness letter lawyer to assist so you are not refused or worse, given a 5 year ban! We have saved many cases from refusal and are very proud of our record and reviews by clients who had this issue. Success will avoid you having to hire a visitation ban lawyer later if you need help overcoming inadmissibility by, for instance, filing an appeal.
Immigration Admissibility Services
Procedural Fairness Letters
If the Immigration Department has written to you with a serious concern relating to your application, you will need a procedural fairness letter lawyer to assist so you are not refused or worse, given a 5 year ban! We have saved many cases from refusal and are very proud of our record and reviews by clients who had this issue. Success will avoid you having to hire a visitation ban lawyer later if you need help overcoming inadmissibility by, for instance, filing an appeal. An experienced immigration lawyer with a strong reputation will draft strong arguments citing Federal Court cases in your favour (binding on the officer) and with compelling supporting documentation
Medical Inadmissibility
All those who apply to immigrate must complete an ‘immigration medical’ by a “Panel Physician” (a government-approved doctor). This is to screen for threats to public health or safety and to assess if the person is likely to constitute excessive demand to Canada’s health care system.
Prior to an officer refusing your application on medical grounds, a “Procedural Fairness Letter” will be sent. It will be critical to provide medical evidence rebutting the finding as well as an actual costing of services which could be needed. An individualized assessment is necessary.
If a refusal is issued, it may be possible to appeal. Our lawyers have successfully argued cases “in law” by showing that the officer erred in the finding of medical inadmissibility (based on the expert medical opinions we have provided) or “in equity” by conceding inadmissibility but winning nevertheless by making humanitarian and compassionate arguments.
Foreign Criminal Charges or Convictions (Denied Entry Into Canada)
If you have been charged or convicted of a crime and worry about being denied entry to Canada or were already refused admission, there may be ways to overcome this.
In Canada Charges or Convictions
Facing a criminal charge can cause a lot of anxiety. But for those who aren’t yet Canadian citizens, it can be even more stressful. Your family may have paid a lot of money to send you to school here as an international student. You could be here on a work permit or you could be someone who is a Permanent Resident who delayed applying for citizenship. In any of these cases, it’s important to reach out right away so we can work with your criminal lawyer or recommend a reputable one for you (someone who regularly works with foreign nationals and Permanent Residents). Sadly, many criminal lawyers don’t even ask about immigration status and so judges are not able to take status into account when sentencing which can lead to disastrous results and even a removal order. Put our hard-earned reputation to work for you! Reputation matters and the introduction of our legal opinion describes Mr. Jain’s many accolades and he signs these letters personally. Avoiding inadmissibilty is the best scenario for you.
Authorizations to Return to Canada
Not everyone who was asked to leave Canada requires Authorization to Return to Canada (ARC). Departure orders (what we refer to as ‘please leave’ letters) and exclusion orders (being banned for one year) do not result in the need for an ARC application. However, a deportation order does require ARC. At Jain Immigration Law, we are very familiar with ARC applications and can assist with detailed and tailored legal submissions. Typically, an ARC application is the final stage of a long process once all other immigration criteria have been met. It’s important to professionally prepare an ARC application to get the application over that final hurdle.
Immigration Refusals
If your case has been refused and you wish to appeal we can represent you at the Immigration and Refugee Board or Federal Court, please click here to learn more.
Canadian Lawyers for Inadmissibility to Canada Frequently Asked Questions
Why does my criminal history affect my visit to Canada?
Having a criminal history doesn’t necessarily mean you are inadmissible to Canada and even if you are, there are ways of overcoming this. If it’s been over 10 years since your single conviction for a lower-level of crime, you could not be inadmissible at all (“deemed rehabilitation”).
What crimes make you inadmissible to Canada?
Even if you received a foreign pardon or your charges were withdrawn, there may be an admission that causes you to be inadmissible if there are reasonable grounds to believe you committed an act which would be a crime here.
Some civil matters (not paying back a debt) are considered crimes in Middle Eastern countries and are not considered to be equivalent to a crime here.
Driving while intoxicated does render you inadmissible here as does many other crimes such assault, theft, fraud, domestic violence etc.
How can I overcome inadmissibility?
If it’s been over 10 years since your single conviction for a lower-level of crime, you could not be inadmissible at all (“deemed rehabilitation”).
If your past crime does render you inadmissible, it could be that we can apply to temporarily remove your inadmissibility, especially if your reason for visiting Canada is a “one-off” and you have no concrete plans to return here in the near future. This is called a Temporary Resident Permit (TRP) application.
If your past crime does render you inadmissible, another option is for us to apply to permanently remove your inadmissibility if 5 years has passed since not only your conviction but also any probation, fines etc.. This is called a “rehabilitation” application.
What happens if I’m banned from Canada?
If you are barred for 5 years for misrepresentation, it could be that we can appeal that decision. Contact us at [email protected] for a proper assessment.
Immigration Legal Services
We are a full-service immigration law firm with decades of experience and are able to navigate complex legal issues and avoid legal and practical problems before they arise.
