When somebody remains criminally or medically inadmissible to Canada, there must be a sufficient and compelling reason for Citizenship and Immigration Canada (CIC) to allow them to enter despite the risk they represent. In other words, the compelling reason for said individual entering Canada, aka their need, must outweigh the health or safety risks that they represent to Canadian society.
When somebody remains criminally or medically inadmissible to Canada, there must be a sufficient and compelling reason for Citizenship and Immigration Canada (CIC) to allow them to enter despite the risk they represent. In other words, the compelling reason for said individual entering Canada, aka their need, must outweigh the health or safety risks that they represent to Canadian society. Officers of the CIC will consider several factors that may or may not make the person’s presence in Canada truly necessary. Some examples of compelling reasons for being allowed to enter Canada despite the person’s inadmissibility include; strong family ties, specific job qualifications, a significant economic contribution to the local population, or attending an event that the person should not be missing (ex: funeral, wedding, conference etc.).
There are two factors that usually go into determining the risk of an individual who is medically inadmissible and applying for a TRP. The first is whether or not their condition is likely to be a danger to the health or safety of the Canadian public. The second is whether their admission might reasonably be expected to cause excessive demand on social or health services provided by the government. The first factor normally comes into play in cases where the condition is a communicable disease and spreads relatively easily. The second factor usually comes into play when the demand on the Canadian health care system would be excessive and is assessed by looking at the expected costs associated with the individual’s condition projected over a 5 to 10 year period. Officers would also ask how the costs are going to be covered, which means whether or not the individual is capable of paying the costs associated with their condition on their own, or whether they will entirely be reliant on provincial public health insurers, is considered.
For those seeking admission into Canada whilst being criminally inadmissible, there are a series of questions that CIC officers will ask in order to determine the risk they may pose to Canadian society. For example, the seriousness of the crime they committed and whether or not it involved physical harm or violence would be considered. Furthermore, what punishment they received for their offence, and whether it was closer to the minimum or maximum sentence would play a role in their decision. Individual rehabilitation is also considered, meaning whether or not the individual has become rehabilitated into mainstream society by their own means, such as by becoming a valued and active member in their community, or by taking extra classes and rehab than court mandated in order to reduce recidivism. If they have a pattern of exhibiting criminal behavior, or if they are a first time offender may also play a role, and how long it has been since their last offence are also important factors. Essentially, the risk that a criminally inadmissible person poses to Canadian society is gauged by their criminal history and whether or not they have a high chance of rescinding to further criminal activity.
Some general factors that determine sufficient need are whether or not the situation they must attend to is urgent, such as a funeral, wedding or other low-risk compassionate reason, or whether or not their reason would also benefit the Canadian economy. Being an important business traveler, in terms of scale and qualifications, or needing to enter on more compassionate grounds, can really help an applicant bypass their inadmissibility if their risk is deemed to be low enough. Coming for leisure is usually not enough to be given a TRP when the applicant is inadmissible.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.