Inadmissibility issues for Temporary and Permanent residents

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Permanent residentsIndian nationals and temporary residents from India may become inadmissible to Canada due to many reasons. Such inadmissibility may occur even with the presence of fully temporary resident visa or valid permanent residence status.

What are the reasons for Inadmissibility?

  • Criminal – when an Indian national commits a criminal offence and gets convicted, they become inadmissible irrespective of the location of the offence (all criminal offences are included)
  • Misrepresentation – an Indian national who performs any act of misrepresentation to immigration department becomes inadmissible
  • Medical- Indian national with a serious health condition or any contagious disease is considered inadmissible if such disease can put pressure on the Canadian healthcare system
  • Not adhering with Canadian immigration and associated laws
  • Financial- lack of financial resources makes an Indian national inadmissible
  • Security grounds
  • Any earlier criminal offences with convictions are included even if done outside Canada

Determining Inadmissibility

Immigration and Refugee Board officials assess Inadmissibility in many different ways and contexts.

  • At any entry port of Canada
  • At any Canadian Visa office visited by the Indian national
  • Inside Canada when the Indian national is living on a temporary visa
  • Inside Canada when the Indian national is living on a permanent resident status

Inadmissibility within Canada

Any Indian national in Canada becomes inadmissible after they are convicted of the offence. The Indian national may be present in Canada on either study, work, or visit on a temporary visa.

Some options are available for Indian nationals by which they can avoid the inadmissible status and prevent such a situation from happening.

The Indian national needs to avoid any convictions while they are living in Canada. Submitting the required legal opinion letters and associated documents to the case hearing officials can help.

Another step which can be taken is to consider your options for living in Canada legally. Criminal rehabilitation application cannot be made in this case as the time requirement cannot be fulfilled.

One option is to apply for the Temporary Resident Permit (TRP). Once the Indian national gets this permit, they will be able to continue living legally in Canada.

If any Indian national is considered inadmissible while in Canada, they need to look at the available options.

Admissibility Hearings

On finding any Indian national inadmissible in Canada, the immigration authorities can take this up with the Immigration and Refugee Board.

The Board may follow up the report with an interview with a Canada Border Services officer to understand the situation better. The Indian national has an opportunity to state their case and defend themselves.

If the charges against the Indian national are proven, they may bear the brunt of a deportation or removal order. In such a case, they would be required to exit Canada immediately.

The Indian national, resident in Canada can appeal to the Federal Court or the Immigration Appeal Division depending on the case situation.

We can Help

Our capable and experienced lawyers will help you in all matters regarding Inadmissibility claims so, connect with us today. We will assist you in evaluating the options if you are restrained from entering Canada due to any inadmissibility.

Skilled and qualified immigration lawyers and consultants at Nanda & Associate Lawyers will carefully assess your situation and strive to get the best possible outcomes for you and your family.