Inadmissibility
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to overcome your inadmissibility to Canada.
A foreign national can be found inadmissible for various reasons under the laws of Canada’s Immigration and Refugee Protection Act and Regulations. These reasons include criminal, medical or security. If any of these apply to you, you will not be allowed to enter Canada without taking steps to correct your inadmissibility. There are several avenues might be taken, depending on your situation.
Temporary Resident Permit (TRP) – If you have compelling reasons to travel to Canada due to special circumstances you might submit an application for a TRP. The immigration officer must be convinced that the risk of letting you into Canada will outweigh the risk you would pose to Canadian society. The onus is on you to show the officer that your entry is justified. This option might allow you to come to Canada temporarily, but does not overcome your inadmissibility permanently. Depending on the cause of your inadmissibility you will have to take further actions if you wish to remain in or return to Canada permanently.
Deemed rehabilitation – Depending on the crime you committed and the time passed since you completed your sentence you might be deemed rehabilitated. If this is the case, you will no longer be barred from Canada.
Criminal Rehabilitation – Your previous criminal conviction makes you inadmissible to Canada. You must apply for rehabilitation in order to overcome this inadmissibility. Your eligibility to apply for rehabilitation depends on the crime you committed, the sentence you received and its equivalent in the Canadian Criminal Code, the time passed since completion of sentence and your behaviour since. If allowed, the Minister of Immigration or his delegate will grant you rehabilitation and you will no longer be inadmissible to Canada.
Removals
If you’re in Canada and you do not comply with IRPA, you will be find inadmissible and will be issued a removal order by IRCC or CBSA. There are three types of removal orders and If you received either of them you must comply and leave Canada.
Departure Order – You must leave Canada within 30 days. You MUST confirm your departure with CBSA at the airport before your flight or at the port of entry if you’re leaving at a land or sea border. If you comply with the order you will be able to return to Canada at a late date if you meet the entry requirements.
*If you do not confirm your departure with the authorities, even if you left, your departure order will turn into a Deportation Order, and you will not be able to return to Canada.
Exclusion Order – You cannot return to Canada for 12 months. If the order was issued for misrepresentation, you will be banned for 5 years. You MUST confirm your departure with CBSA at the airport before your flight or at the port of entry if you’re leaving at a land or sea border. The border officer will provide you with a Certificate of Departure as proof of you leaving. If you comply with the order, you should be able to return to Canada after your limitation period has passed, if you meet the entry requirements. If you need to return prior to the end of the limitation period, you will have to apply for an Authorization to Return to Canada (see below).
Deportation Order – If you received this document you must leave Canada immediately when it comes into effect. You are barred form Canada permanently and if you which to return you will have to apply for an Authorization to Return to Canada.
Authorization to Return to Canada (ARC) – If you were previously removed from Canada and you have compelling reasons for your return, you must first obtain an ARC. You will have to submit compelling evidence to the immigration officers for the reasons of your request.