Inadmissibility to Canada
Inadmissibility to Canada: Overcome Bans and Refusals with Expert Legal Counsel
Receiving a finding of inadmissibility to Canada is a life-altering event. Whether you have been denied entry at the border due to a DUI conviction, received a Procedural Fairness Letter (PFL) alleging misrepresentation, or were refused for medical excessive demand, the window to protect your status is narrow.
At Ghuge Legal, led by Sunil Ghuge, we specialize in the complex intersection of the Immigration and Refugee Protection Act (IRPA) and criminal law in conjunction with our attornies. We don't just file applications—we build robust legal defenses to ensure your right to enter or remain in Canada is restored.
Document Checklist & Requirements
A successful inadmissibility file is evidence-heavy. Our team ensures your package includes:
FBI / State / National Police Clearances
From every country you've lived in for 6+ months.
Court Records
Original transcripts showing the final disposition of charges.
Personal Statement
A legally drafted affidavit explaining the circumstances and your remorse.
Reference Letters
Proof of community standing and stable employment.
Medical Mitigation Plan
(For medical cases) Expert opinions and financial proof of private healthcare coverage.
Processing Times (Estimated 2026)
The Canadian government can deem a foreign national inadmissible for several reasons. Each requires a distinct legal strategy.
Criminal Inadmissibility (Section 36 IRPA)
Canada takes a strict stance on criminal records. Common issues include:
- DUI / Impaired Driving: Since 2018, a DUI is considered "Serious Criminality" in Canada, carrying a potential 10-year prison sentence. Automatic "Deemed Rehabilitation" no longer applies.
- Theft, Assault, and Drug Offences: Even "minor" foreign misdemeanors can lead to a lifetime ban if the Canadian equivalent is an indictable offence.
Medical Inadmissibility (Section 38 IRPA)
You may be refused if your condition poses a risk to public health or if it is expected to cause "Excessive Demand" on social or health services.
- The 2026 Threshold: If your treatment costs exceed the current government threshold (approx. $27,000+ per year), you need a comprehensive Medical Mitigation Plan.
Misrepresentation (Section 40 IRPA)
Providing false information or omitting facts—even unintentionally—results in an automatic 5-year ban from Canada. Overcoming a finding of misrepresentation requires proving it was a clerical error or providing a compelling humanitarian argument.
Depending on your circumstances, Ghuge Legal will implement one of the following high-level legal remedies:
A. Temporary Resident Permit (TRP)
The TRP is a temporary solution for those who are not yet eligible for rehabilitation but have a "compelling reason" to enter Canada (e.g., work, family emergency).
- Standard: Your need to enter Canada must "outweigh" the risk to Canadian society.
B. Criminal Réhabilitation (Permanent Clearance)
This is the gold standard for permanent entry.
- Individual Rehabilitation: You can apply once 5 years have passed since the completion of your entire sentence (including probation and fines).
- Deemed Rehabilitation: For certain old, non-serious offences where 10 years have passed.
C. Authorization to Return to Canada (ARC)
If you were issued a Removal Order (Deportation, Exclusion, or Departure Order), you may need an ARC to ever legally return.
If your application has already been refused, we represent clients in the highest levels of the Canadian legal system:
1. Immigration Appeal Division (IAD): For Permanent Residents and sponsored family members fighting a removal order or refusal.
2. Federal Court Judicial Review: If a Visa Officer's decision was "unreasonable" or "procedurally unfair," we seek to have the decision set aside through a Judicial Review.
3. Alternative Dispute Resolution (ADR): An informal meeting to resolve appeals without a full hearing—saving you time and legal fees.
When you are facing a 5-year misrepresentation ban or DUI entry issues, "good enough" isn't enough. You need an Inadmissibility Specialist who understands how to negotiate with the CBSA and IRCC.
- Localized Expertise: The top immigration lawyer in Mississauga for high-stakes appeals.
- Aggressive Advocacy: We specialize in Procedural Fairness Letter (PFL) responses that stop bans before they happen.
- Sound Legal Knowledge: We leverage current case law to challenge unfair Visa Officer decisions.
Don't accept a refusal as the final word. [Contact Ghuge Legal for an Inadmissibility Assessment]
