Read this blog to understand the factors impacting your Canadian admissibility due to family members. Canada makes sure that each foreign national fulfills the admissibility conditions before they can enter the country. IRCC and the Canadian Border Services Agency work for the country’s security and ensure that they protect the border from those who can be dangerous to Canada.

Hence, these two authoritative organizations make sure that they can’t allow a foreign national who will likely commit a sin in this country. These firms might consider an individual to be inadmissible on medical grounds. This is more likely to happen if that individual can pose a threat to public health or safety. In addition, this might happen if they have any medical condition, which might further demand Canadian healthcare and social services in excess.

Factors impacting Canadian admissibility due to family members

It will be essential to evaluate all family members concerning spousal sponsorship and family class immigration. This is regardless of whether they will accompany them or not. This indicates medical examination along with criminal inadmissibility or security concerns. Typically, family members and applicants above the age of 18 must submit their police certificates and non-conviction records or clearances.

In a majority of cases, applicants will not be able to gain entry into Canada on the basis of having an inadmissible family member. This is when a family member is deemed inadmissible, regardless of accompanying them.

Non-Accompanying Family Members

Talking of the non-accompanying family members, a chief applicant must be inadmissible to Canada even if their inadmissible non-accompanying family members happen to be:

• Common-law partners;
• Spouses, provided they aren’t separated;
• Dependent children for whom the applicant or family member is responsible as a guardian or has custody. This means they also have the power to act on behalf of the dependent children.
• Dependent grandchildren or whom either the applicant or family member is responsible as a guardian or has custody of them. This means they also have the power to act on behalf of the dependent grandchildren.

Regardless of accompanying or non-accompanying, a family member deemed inadmissible might not lead to the chief applicant’s inadmissibility. This is possible only under the following two conditions:

• The principal applicant is a temporary resident or a TR applicant;
• The inadmissibility is not because of reasons such as violation of human or international rights, security, or planned criminality.

The IRPA strongly distinguishes between permanent and temporary residents if we discuss family members’ inadmissibility. For PR holders, the conditions for making a person inadmissible are broader than those for temporary residents. Comparatively, temporary residents will need to depart toward the end of their stay and will not have the right to sponsor their family members.

Things to do in the case of a family member’s inadmissibility

Essentially, if a family member is inadmissible to Canada, they must reveal the information on your application. If an individual fails to do so, they may contribute to misrepresentation.

In order to overcome inadmissibility, the following options are applicable:

• Legal Opinion Letter;
• Temporary Resident Permit; and
• Criminal Rehabilitation Application

A Temporary Resident Permit allows them temporary entrance into Canada for only a fixed period. A TRP period is limited to three years based on the reason behind the entry. It is typically vital for a foreign national when they enter Canada with a valid purpose. Also, the benefits of entering Canada surpass the threat they might pose to society. An individual has the authority to apply for a TRP at any given point without the need to serve a complete criminal tenure.

Next, a Criminal Rehabilitation application is essential to clarify your criminal history; one must submit it to the federal government. However, this is only a one-time solution without any renewal. Attaining a Criminal Rehabilitation implies that the individual will no longer be inadmissible to Canada and that they will not need a TRP to gain entry into the country.

Eligibility for Criminal Rehabilitation

Individuals will need to fulfill the following conditions if they would like to qualify for Criminal Rehabilitation:

• performed a deed outside of Canada that would qualify as a crime under the Criminal Code of Canada;
• Have acknowledged or been found guilty of carrying out the offense; and
• The entire punishment, including jail time, fines, community service, or probation, must have elapsed for five years.

Finally, a person can proactively prevent being deemed inadmissible to Canada if they have committed or been found guilty of a crime by submitting a Legal Opinion letter. An immigration lawyer in Canada produced this letter, which makes reference to pertinent Canadian legal provisions. It will outline the repercussions of a guilty decision and how they would affect immigration to Canada. Moreover, the letter’s contents would assist the decision-making body. This applies when deciding how to address various allegations and how a conviction and sentence impact one’s ability to enter Canada.