You can be denied entry to Canada because of an inadmissible family member.
Inadmissibility to Canada means that you do not have proper authorization to enter Canada. It may be on grounds such as criminality, misrepresentation, medical inadmissibility, financial inadmissibility, etc.
If you are inadmissible because of a family member, then the immigration authorities will send you a procedural fairness letter. A procedural fairness letter highlights the concerns of the immigration authorities and invites you to respond to them by providing additional information.
Who is Inadmissible Because of an Inadmissible Family Member?
You can be deemed inadmissible because of an inadmissible family member if:
- Your accompanying or non-accompanying family member is inadmissible
- You are accompanying a person who is a family member of an inadmissible person
If you are a foreign national applying for a temporary resident visa (TRV), or
if you are a permanent resident or an applicant for a permanent resident visa, you can be deemed inadmissible because of a family member on these grounds:
- Medical inadmissibility
- Financial Inadmissibility
- Non-compliance with the Laws and Regulations of the Immigration and Refugee Protection Act (IRPA)
- Serious Criminality and Criminality
- Organized Criminality
- Security Grounds
- Human and International Rights Violations
What are the Possible Outcomes for Inadmissible Family Members?
You are required to respond to a procedural fairness letter if your family member is deemed inadmissible.
After reviewing the response, if the immigration officer maintains the inadmissibility, then the ineligible family member will be removed from the country.
Thereafter, the admissibility of the remaining family members will be reviewed. If you are deemed admissible for accompanying an inadmissible family member, then you can apply for a Temporary Resident Permit (TRP).
A TRP authorizes otherwise inadmissible individuals to enter Canada for a period of time if their reason to enter Canada outweighs the risk of allowing them to stay.
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Frequently Asked Questions (FAQs) About an Inadmissible Family Member
If the non-accompanying inadmissible family member is your spouse, dependent child, or grandchild, then you can be deemed inadmissible. It depends on the particular circumstances involving the status of the marriage or/and child custody issues.
If you have a temporary resident permit (TRP) or have applied for a TRP, then you can not be deemed inadmissible because of an inadmissible family member. If your family member is not inadmissible for organized criminality, security reasons, human or international rights violations then you will not be inadmissible.
Why Is It Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.
Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.
Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone or on Skype, or in-person at our downtown Toronto and Vancouver offices.
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