If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.

Contact us for assistance in overcoming your inadmissibility and applying for a TRP, Criminal or Deemed Rehabilitation, or a Pardon.

MEDICAL INADMISSIBILITY
Every applicant for a Permanent Resident Visa and some applicants for temporary status in Canada are required to undergo a medical examination by a medical officer.

Though medical examinations are generally confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the applicant's mental state are also examined.

Applicants may be denied a Canada Immigration Visa solely on medical grounds, if:

• Their condition would endanger the health or safety of the Canadian population at large
• Their admission might cause excessive demand on existing social or health services provided by the government.

Note: The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the spouse, common-law partner, conjugal partner and dependent children of the sponsor. The sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety.

When determining whether any person is inadmissible on medical grounds, the medical officer is obliged to consider the nature, severity, and probable duration of any health impairment from which the person is suffering as well as other factors, such as:

• Danger of contagion
• Unpredictable or unusual behaviour that may create a danger to public safety
• The supply of social or health services that the person may require in Canada and whether the use of such services will deprive Canadian nationals of these services.

In certain circumstances, an individual who does not meet the Canadian medical requirements may be granted a Temporary Resident Permit (TRP) to enter Canada.

OVERCOME MEDICAL INADMISSIBILITY

Don't wait until your immigration visa is refused. Instead, be proactive. If you or your dependent family member has a medical condition, contact us to discuss. Timing is critical as steps can be taken before a decision is made on your application to alter the outcome.

Unrepresented individuals are not aware of the legal significance of a medical inadmissibility finding and how this can be prevented. Many medical and psychological conditions, including developmental delays, can lead to an immigration visa refusal. It is critical to respond with a medical immigration plan that is well researched, supported and presented in a convincing and substantive manner for the best immigration results. We can help prepare and draft a plan.

Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:

• Chronic Kidney Disease
• Crohn's Disease
• Cardiac Disease
• Diabetes
• Cancers
• Autoimmune Disease, i.e.: HIV, Lupus
• Learning Disabilities to Pervasive Development Disorder requiring special education
• Autism
• Cerebral Palsy
• Down Syndrome
• Psychiatric Disorders
• Hepatitis B and C and Liver Disease
• Blood Disorders
• Tuberculosis
• Brain Disorders
• Rare Diseases and Conditions
• Total Knee Replacement

Contact us to find out more about a Temporary Resident Permit (TRP) and how it can overcome inadmissibility to Canada on a Temporary Basis or for assistance preparing a medical submission to support you application for Permanent Residence.

A foreign national may be inadmissible for entry and immigration to Canada on the grounds of criminality. At GIMVS we can assist you with the options on how you can overcome a criminal inadmissibility.

You are inadmissible:

For convictions within Canada, if they have:

• been convicted in Canada of an indictable offence punishable by a sentence of less than ten years
• been convicted in Canada of two or more summary offences

• been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years
• been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences
• been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years

• committed an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years.

You are NOT inadmissible under these scenarios:

Record Suspension (Pardon), Withdrawn/Dismissed, Discharged

1) For charges withdrawn or dismissed:

• If the offence occurred in Canada, you are not inadmissible.
• If the offence occurred outside Canada, you may be inadmissible.

2) For an absolute or conditional discharge:

• If the offence occurred in Canada, you are not inadmissible.
• If the offence occurred outside Canada, you may be inadmissible.

3) Pardon granted:

• If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
• If the offence occurred outside Canada, you may be inadmissible.

If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

Depending on the nature of the conviction, the place of conviction, the time that has passed since being convicted, end of parole and the time served individuals have several options to overcome their inadmissibility to Canada. These are:

i Temporary Resident Permit
ii Rehabilitation (Deemed and Individual Rehabilitation)- Outside Canada Offences
iii Record Suspension (Pardon) - In Canada Offences

TEMPORARY RESIDENT PERMIT (TRP)- TEMPORARY ENTRY IN CANADA

A TRP grants an individual legal entry to Canada for a certain period of time, despite the fact that the individual is in fact inadmissible. It is essentially a "hall pass" that temporarily excuses the individual's inadmissibility so that he or she may enter Canada. It can be valid for as short as a couple of days up to a maximum of three years.

A Temporary Resident Permit (TRP) will be issued at the discretion of Canadian Immigration Authorities to individuals who would otherwise be inadmissible to Canada because of healthor criminality issues, permitting them to enter or stay in Canada, where justified by compelling circumstances. It is important to have a properly prepared application stating valid reasons and justification for gaining entry into Canada. We can help with this.

Find out how to get a Temporary Resident Permit (TRP)

A person can also overcome criminal inadmissibility through rehabilitation.

Attaining rehabilitation usually depends on:

i The type of crime that was committed
ii How long it has been since the crime was committed
iii The way that a person has behaved since committing the crime.

There are two types rehabilitation:

Deemed Rehabilitation

A person can be deemed to be rehabilitated if enough time has passed since he or she has committed a crime. In order to be deemed rehabilitated, a person must have committed a crime that comes with a jail term of less than ten years or less than five years depending on the crime. Being deemed rehabilitated does not involve an application process. It merely involves showing a Canadian official that enough time has passed since you last committed a crime. For more on Deemed Rehabilitation, click here.

Individual Rehabilitation

As opposed to deemed rehabilitation, which is concerned with how much time has passed since a crime was committed, individual rehabilitation involves an assessment of whether a person is likely to commit new crimes. Individual rehabilitation also involves a formal application process. In order to apply for individual rehabilitation, individuals must be able to show:

i. That they meet the relevant criteria
ii. That they have been rehabilitated
iii. That they are unlikely to take part in future crimes.
iv. That, at least five years have passed since the end of their criminal sentence, including probation.
v. That, at least five years have passed since they committed the original crime.

If you were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:

• You can apply for individual rehabilitation if 5 years have passed since the end of the jail term.

If you committed a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:

• You can apply for individual rehabilitation if 5 years have passed since you committed the crime.

If you committed a crime or were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of more than ten years:

• You can apply for individual rehabilitation if 5 years have passed since you finished your jail term or committed the crime.

If you were convicted of two or more crimes outside of Canada that, if committed in Canada, would constitute summary conviction crimes:

• You may not apply for individual rehabilitation. You may, however, be able to be deemed rehabilitated. For more on Deemed Rehabilitation, click here.

A person's individual rehabilitation application will be successful if:

i The person fulfills the criteria from the section above.
ii The Canadian government is convinced that the person is rehabilitated.
iii The Canadian government is convinced that the person will not commit more crimes in the future.