Inadmissibility to Canada
TRP • ARC • Criminal Inadmissibility • Medical Inadmissibility • Misrepresentation • PFL Responses • IAD Appeals • Criminal Rehabilitation
Inadmissibility to Canada
Overcome Inadmissibility with Professional Support
Being found inadmissible to Canada can lead to refusals, removal orders, or denied entry at the border. The good news: many situations have lawful remedies. At Sober Immigration, we map your options, build the right evidence, and file a strong application on time and by the rules.
What is “Inadmissibility” under Canadian immigration law?
Under the Immigration and Refugee Protection Act (IRPA), a person may be inadmissible for reasons that include:
What is “Inadmissibility” under Canadian immigration law? Details:
- Criminality: Criminality / Serious Criminality (e.g., DUI, assault, theft, fraud)
- Medical Grounds: Medical Grounds (public health/safety risk or excessive demand on health/social services)
- Misrepresentation: Misrepresentation (false documents, withheld facts, inconsistent information)
- Non-compliance: Non-compliance (overstay, unauthorized work/study)
- Security: Security / Human Rights Violations / Organized Criminality
- Financial reasons: Financial reasons (insufficient funds in certain applications)
- : Each ground has different thresholds, evidence needs, and solutions. Below are the most common remedies we handle.
Temporary Resident Permit (TRP) Enter or Remain Despite Inadmissibility
A TRP is a discretionary permit that allows someone who is otherwise inadmissible to enter or stay in Canada temporarily when the need to be in Canada outweighs the risk. TRPs can be requested:
Temporary Resident Permit (TRP) Enter or Remain Despite Inadmissibility Details:
- port of entry (POE): At the port of entry (POE) for urgent travel (officer discretion), or
- visa office or inland: At a visa office or inland (for planned stays).
- : When we recommend TRP: recent criminal issues, pending rehabilitation eligibility, certain medical or misrepresentation contexts, urgent family or business needs.
How we strengthen TRPs:
How we strengthen TRPs: Details:
- Clear purpose : Clear purpose of travel and duration
- Risk-mitigation: Risk-mitigation plan (supervision, conditions, itinerary)
- Rehabilitation : Rehabilitation and ties (employment, family, compliance history)
- Supporting documents: Supporting documents that show benefit > risk
Criminal Inadmissibility & Criminal Rehabilitation
Criminal inadmissibility can arise from convictions or, in some cases, acts committed outside Canada that would be an offence in Canada.
Criminal Inadmissibility & Criminal Rehabilitation Details:
- Two main solutions:
- Criminal Rehabilitation (CR): A permanent solution if you meet eligibility (typically after a prescribed period from completion of sentence). We assess eligibility, prepare forms, police certificates, court documents, sentencing proof, and robust rehabilitation evidence (employment, community service, references).
- TRP: If you’re not yet eligible for CR or need to travel sooner, a TRP can bridge the gap.
- Professional Representation: In limited scenarios, some people may qualify for “deemed rehabilitation” depending on the offence and passage of time. We’ll confirm if that applies to you.
- What we gather for CR:
- What we gather for CR: Certified court records and proof of sentence completion
- What we gather for CR: Police clearances (home country + countries of residence)
- What we gather for CR: Personal statement, references, proof of change in circumstances
- What we gather for CR: Travel purpose and future compliance plan
Medical Inadmissibility - Public Health/Safety & Excessive Demand
Medical inadmissibility can be found if there’s a risk to public health or safety, or if your condition could cause excessive demand on Canadian health or social services.
Medical Inadmissibility - Public Health/Safety & Excessive Demand Details:
- Our approach:
- Full medical file: Obtain full medical file and specialist opinions
- Tailored Mitigation: Prepare a tailored mitigation plan (treatment coverage, private insurance, support network)
- Cost-offset: Cost-offset strategy (where appropriate) with realistic, document-backed commitments
- Address functionality: Address functionality, prognosis, and community support
- Address functionality: The annual “excessive demand” threshold changes over time; we use the most current figures and policy guidance when building your plan.
Misrepresentation - Five-Year Bar & Remedies
Providing false information, withholding material facts, or submitting inconsistent documents can lead to a five-year ban on applications and, for permanent residents, a removal order.
Misrepresentation - Five-Year Bar & Remedies Details:
- How we respond:
- Procedural Fairness Letter: Procedural Fairness Letter (PFL) strategy (see below)
- No intent to mislead: Demonstrate no intent to mislead, genuine error, or immaterial discrepancy (where supportable)
- Corrected evidence: Provide corrected evidence, chain-of-custody for documents, and explanations backed by records
- Removal order issues: If a removal order issues for a PR, consider an IAD appeal (see next section)
IAD Appeals - Removal Order, Sponsorship, Residency Obligation
Where available, the Immigration Appeal Division (IAD) can review:
IAD Appeals - Removal Order, Sponsorship, Residency Obligation Details:
- Expert Assessment: Removal orders issued against many permanent residents and protected persons (some criminality bars apply)
- Strategic Application: Residency obligation determinations (failed 730-days rule)
- Professional Representation: Family sponsorship refusals (sponsor’s appeal)
- Why it matters for inadmissibility:
- Professional Representation: An IAD appeal can set aside a removal order or stay it with conditions, allowing time to demonstrate rehabilitation, establishment, and humanitarian & compassionate factors. We prepare ADR (Alternative Dispute Resolution) where applicable and conduct full hearing advocacy when needed.
Procedural Fairness Letter (PFL) - Your Last Chance Before Refusal
A PFL is IRCC’s way of saying: “We intend to refuse; explain why we shouldn’t.”Deadlines are short and strictly enforced.
Procedural Fairness Letter (PFL) - Your Last Chance Before Refusal Details:
- We craft compelling PFL responses by:
- Pinpointing: Pinpointing the specific concerns (credibility, misrep, medical, criminal, status)
- Supplying: Supplying new, relevant evidence that answers those concerns
- Providing: Providing legal and factual arguments tied to policy and case law
- Structuring: Structuring the reply to be clear, complete, and on time
- : A strong PFL response can avoid refusal and sometimes avoid inadmissibility findings altogether.
Authorization to Return to Canada (ARC) - After a Removal
If you were previously removed from Canada, you may need an ARC to come back especially after a deportation order (and in some cases after an exclusion/departure order depending on compliance and time elapsed).
Authorization to Return to Canada (ARC) - After a Removal Details:
- We prepare::
- Reason: Reasons for returning now (family, business, humanitarian)
- Proof: Proof of compliance with the prior order (where applicable)
- Evidence : Evidence of rehabilitation, ties, and low risk
- Complete package: A complete, respectful package acknowledging past issues and showing changed circumstances
Strategy Matrix - Which Remedy Fits?
Strategy Matrix - Which Remedy Fits? Details:
- Recent offence / urgent travel: Consider TRP now; plan for Criminal Rehabilitation when eligible.
- Older offence / stable life changes: Criminal Rehabilitation for a permanent fix; TRP only if travel can’t wait.
- Medical concern: Medical plan + mitigation; respond to PFL with comprehensive cost and care strategy.
- Misrepresentation risk: PFL response with corrected records; if decision issues, evaluate IAD (PR) or Judicial Review.
- Past removal: Assess ARC plus the main application (TRV, work/study, PR) and any inadmissibility overlaps.
What We Do (End-to-End)
What We Do (End-to-End) Details:
- Eligibility & risk review: identify all grounds of inadmissibilit
- Remedy roadmap: TRP vs. Rehab; ARC; PFL; IAD; timing & jurisdiction
- Document build: police/court records, medical reports, affidavits, expert letters
- Evidence theory: why risk is low, need is high, and law supports approval
- Filing & follow-through: precise forms, persuasive submissions, deadline control
- Next steps: move from temporary fixes to long-term solutions (e.g., CR → PR)
Documents & Evidence (Checklist)
Documents & Evidence (Checklist) Details:
- Identity & status: passport, visas, entries/exits
- Criminal: certified court records, proof of sentence completion, police clearances, references, employment & community ties
- Medical: diagnostic reports, specialist letters, treatment plan, insurance/funding proof
- Misrepresentation: original documents, corrected records, translations, sworn affidavits, explanation letter
- ARC: proof of compliance with removal, reasons to return, ties in/outside Canada, rehabilitation
- General: evidence of family ties, hardship factors, humanitarian considerations
FAQs
FAQs Details:
- Is a TRP guaranteed at the airport?
- : No. TRPs are discretionary. A stronger pre-filed or inland/visa office TRP often improves odds for non-urgent travel.
- How long until I’m eligible for Criminal Rehabilitation?
- : Eligibility depends on the offence and when your entire sentence (including fines/probation) was completed. We’ll calculate your date and build your case now.
- Will private insurance fix medical inadmissibility?
- : Insurance helps, but the case turns on a credible treatment & cost-mitigation plan backed by medical facts and real financing.
- I received a PFL- what now?
- : Act immediately. PFLs have tight deadlines. We’ll triage issues, gather new evidence, and submit a comprehensive response.
- Do I always need ARC after a removal?
- : Not always; it depends on the type of removal order, compliance, and time since removal. We’ll confirm whether ARC is required.
- Speak to a Canadian Immigration Expert:
- : Inadmissibility is stressful but solvable with the right plan. Get a confidential strategy session and a step-by-step roadmap.
Get in touch
Book a Consultation
Take the first step toward your immigration journey with a professional consultation. During your consultation, we will:
- Assess your eligibility for immigration programs.
- Review your options based on your personal situation.
- Provide a clear action plan for your next steps.