I’ve been found to be inadmissible. Now what?

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Kabir & Alam Lawyers

I’ve been found to be inadmissible. Now what?

If you’ve been found to be inadmissible, you’ll be denied a Temporary Resident Visa (TRV), an Electronic Travel Authorization (eTA), or removed from Canada.

Why have I been found to be inadmissible?

You could be found inadmissible because of,

  • Human or international rights violations, such as crimes against humanity or war crimes;
  • Being a member of an organized criminal group;
  • Security reasons, such as terrorism, subversion, or being a member of a group involved in these activities;
  • Medical conditions that may endanger public health and safety;
  • A criminal record, such as drunk driving;
  • Financial reasons; and
  • Misrepresentation.

How you respond after being found inadmissible is very important.

Providing incorrect or incomplete information can lead to misrepresentation, which may result in a multi-year ban from Canada. Before submitting any new application or explanation, it’s important to understand the reason for inadmissibility and address it properly.

What should I do if I’ve been found to be inadmissible?

This depends on your country of nationality.

If you’re a citizen of a country that requires an eTA to enter Canada, you may be issued a Temporary Resident Permit (TRP).

If you’re a citizen of a country that requires a TRV to enter Canada, you need to apply for a TRV, as well as a TRP.

Will I be issued a TRP even if I’ve been found inadmissible?

This depends on the reason why you want to come to Canada.

For example, if you want to come to Canada for a business conference or to attend the burial of a family member, then you might be issued a TRP.

However, keep in mind that a TRP may be cancelled at any time by an immigration officer – even if you’re in Canada.

How long can I stay in Canada with a TRP?

A TRP is generally issued for the length of your visit to Canada, so if you need to be in Canada for 5 days for an urgent matter, then your TRP will probably be valid for 5 days, and you must leave within that time frame.

And if you need to extend your stay, you must renew your TRP before the old one expires.

Moreover, a TRP only allows a single-entry into Canada, so once you leave, the document is no longer valid and doesn’t permit re-entry even if it hasn’t expired.

Can I apply for permanent residence while on a TRP?

Yes, you can.

In order to be eligible to apply for permanent residence while on a TRP, you,

  1. Need to have a valid TRP;
  2. Can’t become inadmissible on any other grounds; and
  3. Need to have continuously lived in Canada with a TRP for 3 to 5 years.

If you meet these 3 requirements, immigration officers can’t deny your application and they must positively process it.

However, a break in continuity (e.g., you didn’t continuously stay in Canada for 3 to 5 years, or your TRP expired while you were in Canada, and you didn’t renew it) can have a negative impact on your permanent residence application.

How can Kabir & Alam help me with my TRP and permanent residence applications?

Our clients trust us to help them overcome inadmissibility and, because of our experience, we can help you as well.

Book a consultation with us today to see how we can help you with your TRP and permanent residence applications.


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