Canada ensures that all international citizens satisfy acceptability conditions before they are permitted to enter the nation. Immigration, Refugee, and Citizenship Canada (IRCC) and the Canadian Border Services Agency (CBSA) prioritize safeguarding the nation’s border from individuals who may stand a threat to the country. So, these two institutions can reject access to any international citizen they acknowledge may violate an offense during their stay in Canada.
An individual may as well be considered medically unacceptable to Canada. This can occur if they are a threat to general health or general safety or if they possess a situation that may plausibly be anticipated to put too much demand on health and social services.
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Family Member Unacceptability
Every family member of a family category or the spousal sponsorship immigration applicant, who may be accompanying or not, must be analyzed. This concerns a medical test and a decision if they are unacceptable for violation or security motives. Candidates and relatives above 18 must offer police certificates, licenses, or a history of non-criminal acts.
In several situations, a candidate will be refused access to Canada based on having an unacceptable family relative if that individual, whether accompanying or not, has been considered unacceptable. Based on the non-accompanying family member, a leading candidate will be unsuitable to Canada themselves if their inappropriate non-accompanying family relatives are:
- Married partners, unless they are no longer together
- Common-law partners
- Dependent grandchildren of the person the candidate or their escorting family member has possession or the right to act on their behalf.
- Dependent children of the person the candidate or their escorting family member has possession or the right to act on their behalf.
Whether a family member is accompanying or not accompanying you, an unacceptable family member may not make a primary candidate unfit if these cases are applied to your condition.
- You are a temporary resident or a candidate for temporary resident
- The unacceptability is not due to security, human or foreign rights crimes, or organized violations.
The Immigration and Refugee Protection Act (IRPA) differentiates between permanent and temporary residents regarding a relative’s unacceptability. Concerning permanent residents, the range of what will make an individual unacceptable is more comprehensive than for temporary residents. The approach motives behind this show that permanent residents plan to stay in Canada and possess the prospect of sponsoring relatives. On the other hand, temporary residents are anticipated to exit after their visit and are not eligible to support a family member.
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What to Do if Your Family Member is Unacceptable to Canada
It is crucial to remember that if a relative is unacceptable to Canada, this detail must be revealed on your request. Refrain from doing this to avoid misinterpretation. For an individual to overcome unacceptability, there are some choices, which include:
- Letter of legal opinion
- Temporary resident permit
- Criminal rehabilitation request
A temporary resident permit allows temporary entry to Canada for a restricted time. A temporary resident permit can be awarded for three years based on the motive for the access. A temporary resident permit is often utilized when an international citizen possesses an authentic motive for going into Canada, and the gains of their access outweigh any threats to the Canadian community. An individual can apply for a temporary resident permit at any time, and this procedure does not need to conclude a criminal penalty.
A criminal rehabilitation request is presented to the national government and permanently erases your previous criminal records to go into Canada. The gain of this request is that it is a one-time solution that does not need continuation. Whenever you obtain authorization for criminal rehabilitation, you will no longer be regarded as unacceptable to Canada. This implies you would not need a temporary resident permit to access the nation. For an individual to be qualified for criminal rehabilitation, you are required to satisfy the measures below:
- Violated an act outside of Canada that would be equal to a crime under the Canadian Criminal Code
- Have been sentenced or accepted for violating the act
- Five years are required to have passed since the conviction has been concluded, which includes jail periods, fines, probation, or community service.
In conclusion, if an individual has violated or been sentenced for an offense, they can pre-emptively bypass being discovered unacceptable to Canada by presenting a Legal Opinion letter. This letter is a document sketched by a Canadian Immigration attorney, referring to applicable portions of Canadian law. It will elucidate the outcomes of a guilty judgment and how this would affect Canadian immigration.
The letter would assist the case’s determining authority, determine how they answer different accusations, and show how various convictions and verdicts would influence an individual’s capacity to enter Canada.