Overseas Challenges: Medical & Criminal Inadmissibility to Canada
The local CIC office has sent a fairness letter to Dhee asking her to respond to the allegation that she may be medically inadmissible to Canada. She has 30 days to respond and has contacted IBBC office. What would you advise her?
Subject to A38(1)(a)(b)(c) with exceptions listed under A38(2) Persons who are found to have a medical condition which renders them medically inadmissible as they would be potentially causing excessive demand to Canada’s health and social services does not apply to spouses, common-law partners, and dependent children of Canadian citizen sponsors and Permanent Resident sponsors. As Dhee is not yet in Canada and is the Principal Applicant, it will be important to establish that Dhee would not be a burden to Health Canada and that her cancer is in full remission.
Dhee could complete a Temporary Resident Permit Application, appropriate to persons who have been found to be inadmissible to Canada but that perhaps deserve an exception to be made in their case. And as it states clearly in OP 20 5.6 pg. 9 A24(1), a person who is eligible for a TRP is:
Any person who is:
“Inadmissible and seeking to enter Canada if an officer is of the opinion that it is justified in the circumstances;” or
“In Canada and is inadmissible, subject to a report or reportable for violation of the Act, or does not otherwise meet the requirements of the Act;” or
“Not eligible for renewal of status”
If Dhee is granted a TRP by a visa officer due to special circumstances, the TRP will allow for an inland work permit or student permit and allows her to also avail of health and social services (according to the Provincial healthcare program where she lands).
As well, if Dhee meets the requirements of the Permit Holder Class, and comes to Canada for a period of three years R63 and does not become inadmissible on other grounds, she will be granted permanent residence. (OP20 Section 5.7 pg. 9).
2) What supporting documents would be relevant in her particular situation?
As Dhee will need to make a compelling argument with sufficient evidence to overrule the health and safety risks to Canada. Also, an important consideration is need – is Dhee actually needed by Canada and will her role enhance Canadian social and cultural society? A3
Supporting documents for a Temporary Resident Permit [medical inadmissibility]
Subject to 5.12 of OP20, for all cases regarding health grounds, NHQ Immigration Health Services (RNH) or Overseas Medical Services (RIH) must concur before a final decision can be made for a permit to be issued.
Documents
- Document Checklist [IMM 5528] (PDF, 34 KB)
- Generic Application Form for Canada [IMM 0008] (PDF, 536 KB) including 2 photocopies
- Additional Dependants/Declaration [IMM 0008DEP] (PDF, 472 KB) (depending on how many children Dhee has and 2 photocopies of the form
- Schedule A – Background/Declaration [IMM 5669] (PDF, 170 KB)
- Additional Family Information [IMM 5406] (PDF, 143 KB) if applicable
- Use of a Representative [IMM 5476] (PDF, 55 KB)
- Instruction Guide [IMM 5527]
- 2 Photographs according to specifications
- Photocopies of your passport & including family members
- Birth certificates for you and all family members
- Marriage Certificate & Death Certificate of Spouse
- Custody papers or Court Orders of custody arrangements for dependent children
- Proof of medical examination results
- Financial means and ability to support herself and to cover potential medical costs associated with previous diagnosis should the cancer return
- Agreement with a cancer treatment facility to provide medical treatment in city of landing and costs associated contacts of the medical facility and assessment of services for cervical cancer patients.
- Any other item or document that can support that Dhee is a healthy person who is able to work.
- Proof of purchase of private healthcare insurance
- Copies of original previous medical records stating that the cancer is in full remission and that the patient is healthy and able to work per original attending physician.
- Police Certificates
- Copy 2 of Fee Form and proof of payment
- Envelope made out to CPC-V
Once approved, she will receive an IMM 1346 Visitor’s Visa – Facilitation travel document for approved TRPs (counter foil coded PA-1) and for TRPs with re-entry authorization (counterfoil PC-1) who are nationals of a country subject to the temporary resident visa requirement (assuming that Dhee is from a country in south-east asia etc. and wanting to work as a live-in caregiver in Canada). This is a special facilitation travel document to enable her to travel to Canada and receive the permit upon entry. She will also receive a Letter of Introduction to the POE for temporary resident permit issuance. She will need to present this letter upon arrival in Canada to the receiving customs inspector.
3) After 4 months of waiting on a decision, Dhee’s eldest son, whom is 21 years old, has been convicted of Arson and he has been sentenced to 2 months incarceration and 1 year probation after his release. How does this affect Dhee’s application for permanent residence?
Regarding cases where there is a Permit Holder that meets the Class requirements, accompanying family members are inadmissible, as the original principal applicant is also inadmissible until their TRP is approved. Consequently, family members would also require their own separate permit. And so Dhee’s son will need to submit his own separate TRP application. (Section 5.19, OP20 pg. 13).
Subject to Inadmissibility under the IRPR, Dhee’s eldest son would have to be evaluated to see if his situation meets the requirements of the Act. Criminal inadmissibility is a serious situation and requires sometimes experts to help with this type of case. Dhee’s son’s inadmissibility question mark would fall under A36(2) Criminality as well as R17 & R18. In order to be able to come to Canada, Dhee’s son would need to be nominated and successfully meet the requirements to become a Member of the prescribed class deemed rehabilitated (R18). Dhee’s son would be evaluated and be deemed a family member who is inadmissible under A42 and would therefore render the family’s application as inadmissible to Canada.
For serious criminal inadmissibility, officers must submit a case summary and recommendation to the Director, Case Review (BCM) JETN-6 (OP20, Sec.5.12 pg.10). But that individuals found inadmissible under serious criminality A36 are not entitled to apply for permanent residency.
A person deemed rehabilitated (A36(3)© and R18 is a provision in the laws and regulations that permits persons convicted of minor crimes to be considered rehabilitated without having to apply for rehabilitation after a certain period of time (5 or ten years depending on the offence) which has elapsed with no further offences. If it can be argued that Dhee’s son is deemed rehabilitated, he is no longer inadmissible. As the crime by Dhee’s son has recently happened, he would need to apply for rehabilitation status and be approved before applying for a TRP. It is important that his crime be classified as criminality and not serious criminality. As his application will need to be done separately from his mother’s application, Dhee’s son’s situation will not affect Dhee’s application for a TRP (OP 20, pg. 13 Accompanying family members for TRPs).
As Dhee’s son’s crime involved damage to property (arson) as well as jail time (2 months), he could be facing a classification of crime as serious rather than minor. (OP20, Section 11.2, pg. 18).
Resources:
- OP20 Temporary Resident Permits
- IP 1 Temporary Resident Permits
- IRPR
- IRPA
- CIC Guide 5312
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