Alterations to Canada's inadmissibility fees will take effect from December 1st, 2023.

Alterations to Canada’s inadmissibility fees will take effect from December 1st, 2023.

On December 1st, 2023, Immigration, Refugees and Citizenship Canada (IRCC) will implement an increase in application fees for foreign nationals seeking to restore their status or return to Canada after being deemed inadmissible.

The adjustment of application fees for foreign nationals seeking to regain their status or return to Canada, effective from December 1st, 2023, is in compliance with the Service Fees Act (SFA). These fees are being adjusted annually for inflation, as per the SFA, starting from 2018.

According to the SFA, partial refunds, termed remissions, are granted to applicants when service standards are not met. For applications received by Immigration, Refugees and Citizenship Canada (IRCC) on or after December 1st, 2023, remissions will be issued. Typically, these remissions will be processed by July 1st of the subsequent fiscal year.

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How to overcome inadmissibility

To address inadmissibility, foreign nationals must fulfill specific requirements before entering Canada, including passing a criminal background check. Both IRCC and the Canadian Border Services Agency (CBSA) work to secure borders and may deny entry to individuals who pose a potential risk of committing a crime during their stay in Canada.

If you are a foreign national with a history of arrest or conviction for a criminal offense, you may face the possibility of being considered criminally inadmissible to Canada. However, there are three primary methods to overcome this inadmissibility:

1. Temporary Resident Permit (TRP) Application:

• A Temporary Resident Permit provides temporary access to Canada for a specified duration. It is applicable in situations where the traveler has a valid reason for entering Canada, and the benefits of their entry outweigh any potential risks to Canadian society.
• A TRP application can be approved for up to three years, depending on the purpose of entry. It is possible to apply for a TRP at any time, and completion of the criminal sentence is not a prerequisite for the application.

2. Criminal Rehabilitation Application:

• Criminal Rehabilitation is a process that allows individuals to permanently overcome their inadmissibility to Canada due to past criminal activities.
• To be eligible for Criminal Rehabilitation, a certain period must have passed since the completion of the criminal sentence, and the individual must demonstrate that they are rehabilitated and unlikely to commit further offenses.

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3. Legal Opinion Letter:

• A Legal Opinion Letter, often prepared by a legal professional, can provide an opinion on the admissibility of an individual to Canada. It may address specific legal aspects or circumstances that could influence the decision on admissibility.

It’s crucial to carefully consider the specific circumstances and requirements associated with each option. Seeking guidance from legal professionals with expertise in immigration law can be beneficial to navigate the process effectively.

Additionally, a foreign national has the option to submit a criminal rehabilitation application to permanently clear their past criminal history for entry into Canada. Unlike a Temporary Resident Permit (TRP), the criminal rehabilitation application is a one-time solution that does not require renewal. Upon approval of the criminal rehabilitation application, the individual is no longer considered inadmissible and does not need a TRP for entry into Canada.

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To be eligible for criminal rehabilitation, the following criteria must be met:

1. The individual must have committed an act outside of Canada that is equivalent to an offense under the Canadian Criminal Code.
2. The individual must have been convicted of or admitted to committing the act.
3. Five years must have passed since the completion of the sentence, which includes jail time, fines, community service, or probation.

If there is a history of committing or being convicted of a crime, it’s possible to proactively avoid being found inadmissible to Canada by submitting a legal opinion letter addressed to the judicial authority handling the case.

A legal opinion letter, prepared by a Canadian immigration lawyer, outlines the implications of a conviction for Canadian immigration purposes. It references relevant sections of Canadian law, helping officials understand the nature of the charges and how various outcomes (conviction, sentencing, etc.) would impact the individual’s ability to enter Canada.

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