Why was my visa denied?

 

Dear Miss Powell,

I applied for a visitor’s visa to Canada and it was rejected. They say that I am inadmissible. What does that mean? I had a visa before and visited several times, so I don’t understand what they mean now. What can I do?

– A.N.

Dear A.N.,

An individual can be deemed inadmissible for several reasons. A person that is deemed inadmissible will not be permitted to enter or stay in Canada for reasons such as: he has been found guilty of misrepresentation, he has committed or been convicted of a crime, either within their home country or in Canada. It could also mean that you are not permitted to enter or stay in Canada because of your health condition. In the latter case, you could be deemed to be medically inadmissible and I would need more information to address that issue.

The most common reason that an individual is deemed inadmissible is usually because of a criminal offence. I would strongly recommend that you consult with an immigration lawyer, provide a copy of the rejection letter, and use the information below to begin a discussion on how to overcome the inadmissibility.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

Depending on the nature of the offence, where the crime was committed, the time that has passed since your conviction and other factors, you may have options available to you to return to Canada.

Offences such as obstruction of justice, assault, driving under the influence of alcohol, theft or petty larceny, possession of marijuana or other controlled substances would be considered grounds for inadmissibility.

HOW TO OVERCOME INADMISSIBILITY

You can overcome inadmissibility by one of the following methods: applying for an authorisation to return to Canada or temporary resident visa; you could be deemed rehabilitated; you can apply for individual rehabilitation or apply for a record suspension.

• Apply for authorisation to return to Canada on a temporary resident permit: You may be able to apply for an authorisation to return on a temporary resident permit despite being inadmissible. Although these permits are rarely granted, in special or emergency situations, an individual may be granted permission to enter Canada for a limited time to deal with a pressing situation. This is usually granted at the discretion of the Canadian immigration authorities where an individual can provide compelling and sometimes urgent reasons for requesting entry into Canada. Family emergencies or business conferences are typically good grounds for applying. Tourist or pleasure reason are not usually deemed acceptable grounds.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

• Deemed rehabilitated: If sufficient time has passed since the crime was committed, you could be deemed rehabilitated. If the offence was one that the maximum sentence in Canada was less than 10 years, then you could be deemed rehabilitated. Although a special application is not required, it will be necessary to have documentary proof that enough time has passed since you last committed and served the time for crime.

• Application for individual rehabilitation: An individual may apply to IRCC to be approved as someone who is deemed rehabilitated and not likely to commit future crimes. You will need to clearly provide proof of your behaviour since serving your time, to demonstrate your rehabilitation and change of thinking and behaviour. You can apply to be assessed for criminal rehabilitation if a minimum of five years have passed since the latter date conviction of the offense, being released from jail, probation ending, community service completed or paying the required fine.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

• Record suspension or pardon: If the offence was committed in Canada, you may be able to apply for a record suspension or pardon from the Parole Board of Canada. If the offence was committed in another country and if you received a record suspension or a discharge for your conviction, I recommend that you check with the Canadian visa application centre in your country to find out if your pardon would be deemed valid in Canada.

Deidre S. Powell is an international lawyer, mediator and notary public. Her office is located in Ottawa, Ontario. Submit your questions via email: info@deidrepowell.com. Subject line: Immigration. You may call her at 613.695.8777 or connect with her via Facebook, Instagram, or Twitter.