When a prior criminal record prevents a successful applicant admission at the port of entry.
Examples include – Fraud, Assault, DUI, Reckless driving, Obstruction of justice, or possession of controlled substance
If this happens, there are 3 options available. Contact us to know how to navigate these unfortunate circumstances.
Rehabilitation – a criminally inadmissible person can be allowed to enter if the Canadian government considers them criminally rehabilitated and more than 5 years have passed since the completion of the sentence
TRP / Temporary Resident Permit – a permit allowing entry to otherwise inadmissible individuals, if less than 5 years have passed since the completion of the sentence.
Note: TRP can be requested not just for persons with criminal inadmissibility but also medical inadmissibility due to health issues.
Legal Opinion Letter – a letter from an attorney to help gain admission to an otherwise inadmissible individual.
If the applicant has ever been incarcerated, even if temporary, a Legal Opinion Letter explaining the circumstances will help explain the circumstances to the visa officer. Ravi Gulati Law can help draft Legal Opinion Letters.
The most common of these include
Application Refusal – at times, an immigration refusal can be contested through the right legal route and an experienced team like Ravi Gulati Law
The news of a refused immigration application can be devastating
In many cases immigration officer’s decision can be challenged if it is unreasonable based on the quality of file presented to the officer.
Thus, many times, cases can be overturned on humanitarian grounds.
At Ravi Gulati Law we can determine which PR or sponsorship applications have the potential to be overturned and receive a favorable judgement.
Possible Recourse
Our first option is a Reconsideration letter. This implies that the decision made earlier was in fact based on error and did not undergo procedural fairness.
If this fails, we seek legal proceedings with Immigration Appeal Division or the Federal court.
Medical Inadmissibility – a Permanent Resident visa can be denied solely based on medical grounds.
If the applicant’s medical condition would endanger the Canadian population
If the applicant’s condition might cause excessive strain on the Canadian healthcare system.
Possible Recourse at Ravi Gulati Law office
To legally demonstrate that the applicant will not be a burden on the medical system in Canada
Or to obtain humanitarian consideration as this case may warrant an exception
Note: A Temporary Resident Permit (TRP) may be requested for applicants that may not meet the Canadian medical requirements.
