Overcoming Inadmissibility

If you are found inadmissible to Canada, you may be refused a visa or Electronic Travel Authorization (eTA), denied entry at the border, or removed from Canada. Inadmissibility can arise for a variety of reasons, including misrepresentation, medical reasons, criminality, inadmissibility, or non-compliance with immigration law, such as overstaying, working or studying without authorization, failing residency obligations, or re-entering Canada after removal without proper authorization etc.

At Summit Point Law, we assist clients in understanding the specific grounds of inadmissibility affecting their situation and in identifying options to address or mitigate those findings.

Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.

Misrepresentation Ban

An applicant may be found inadmissible for misrepresentation if they directly or indirectly provide Immigration, Refugees and Citizenship Canada (IRCC) with false information, withhold material facts, or submit inaccurate or misleading documents in connection with their immigration application. Misrepresentation may arise whether the information is provided intentionally or unintentionally, and even where the errors were made by third parties or representatives.

At Summit Point Law, we assist clients in responding to misrepresentation allegations, including through procedural fairness responses and post-refusal options. We assess whether the alleged misrepresentation is material, advise on appropriate disclosure and correction strategies, and prepare clear, well-supported submissions aimed at mitigating risk and protecting future immigration options. Where a misrepresentation finding has already been made, we provide guidance on available remedies and next steps. For more information, please see our section on Procedural Fairness section.

Medical Inadmissibility

Medical inadmissibility can affect individuals applying to visit, study, work, or live permanently in Canada. Under Canadian immigration law, an applicant may be found medically inadmissible where a medical condition is considered to pose a danger to public health, a danger to public safety, or an excessive demand on health or social services.

Medical inadmissibility assessments are highly fact-specific and depend on medical evidence and the applicant’s individual circumstances. If Immigration, Refugee, and Citizenship Canada (IRCC) believes that an applicant may be medically inadmissible, they will send them a procedural fairness letter. At Summit Point Law, we assist applicants in responding to these procedural fairness letters and in pursuing available exemptions or mitigation strategies. FFor more information, please see our section on Procedural Fairness section.

Criminal Inadmissibility

Under Canadian immigration law, individuals who have committed or been convicted of a criminal offence may be refused entry to Canada or found inadmissible. This is commonly referred to as criminal inadmissibility and may arise from both minor and serious offences, including, but are not limited to, theft, assault, dangerous driving, driving under the influence of drugs or alcohol, and possession of or trafficking in drugs or controlled substances.

Depending on the nature of the offence, how long ago it occurred, and your conduct since that time, you may still be eligible to enter or remain in Canada. In certain circumstances, criminal inadmissibility may be addressed where an individual has received a record suspension (pardon), applies for and is granted criminal rehabilitation, is deemed rehabilitated under Canadian immigration law, or is issued a Temporary Resident Permit.

At Summit Point Law, we provide strategic guidance based on your specific criminal history, timing, and immigration objectives, with the goal of minimizing long-term immigration consequences and facilitating lawful entry to, or continued stay in, Canada wherever possible.

Record Suspension

A record suspension (formerly known as a pardon) is a formal decision issued by the Parole Board of Canada that sets aside a criminal record after an individual has completed their sentence and demonstrated a period of law-abiding behaviour. While a record suspension does not erase a conviction, it separates the record from active criminal records and may help address criminal inadmissibility in certain immigration contexts.

At Summit Point Law, we assist clients with record suspension applications, including assessing eligibility, preparing and submitting applications, and advising on how a record suspension may affect immigration admissibility. We also provide strategic guidance on how record suspensions interact with other immigration remedies, such as criminal rehabilitation or Temporary Resident Permits. By reviewing your criminal history, timelines, and immigration objectives, we help determine the most effective path forward to support lawful entry to or continued stay in Canada.

Temporary Resident Permit

A Temporary Resident Permit (TRP) allows an individual who is otherwise inadmissible to Canada to enter or remain in the country for a specific purpose and period of time. TRPs are discretionary and may be issued where an immigration officer determines that the individual’s need to enter or stay in Canada outweighs the health and safety risks associated with the inadmissibility.

At Summit Point Law, we assist clients in assessing whether a Temporary Resident Permit is appropriate and in preparing clear, well-supported applications. We advise on eligibility, evidence requirements, and risk factors, and prepare submissions that clearly explain the purpose of entry, address admissibility concerns, and demonstrate why a TRP should be granted.

Authorization to Return to Canada

An Authorization to Return to Canada (ARC) is required for individuals who were previously removed from Canada and wish to return. In most cases, a removal order bars re-entry unless written authorization is obtained from Canadian immigration authorities. The requirement for an ARC depends on the type of removal order issued and the circumstances surrounding the removal.

At Summit Point Law, we assist clients in determining whether an ARC is required and in preparing strong, well-supported ARC requests. We review the removal history, assess admissibility risks, and prepare submissions explaining why authorization to return should be granted.