Changes to Canada’s Inadmissibility Fees: What You Need to Know

Effective December 1st, 2023, Immigration, Refugees and Citizenship Canada (IRCC) has implemented changes to the application fees for foreign nationals seeking to regain their status or return to Canada after being deemed inadmissible. These modifications are primarily driven by inflationary adjustments, ensuring that the fees align with the rising costs of processing inadmissibility applications.

Fee Adjustments

The revised application fees are as follows:

Rationale for Fee Increases

The fee adjustments are based on the provisions of the Service Fees Act (SFA), which mandates regular reviews and adjustments to ensure that fees cover the actual costs of providing immigration services. The last inflation-based fee update occurred in 2018, and subsequent annual adjustments will continue on December 1st of each year.

Partial Refunds for Service Standard Non-Compliance

In accordance with the SFA, partial refunds, known as remissions, will be issued to applicants if IRCC fails to meet the established service standards for processing inadmissibility applications. These remissions will be granted to applicants who submit their applications on or after December 1st, 2023. The remissions will typically be issued by July 1st of the following fiscal year.

Understanding Inadmissibility

Canada's admissibility requirements stipulate that foreign nationals must fulfill certain criteria to gain entry into the country. These requirements include passing a criminal background check. IRCC and the Canadian Border Services Agency (CBSA) are responsible for safeguarding Canada's borders from individuals who pose potential risks to the country. As a result, they may deny entry to foreign nationals deemed likely to commit crimes during their stay in Canada.

Overcoming Inadmissibility

Foreign nationals who have been arrested or convicted of criminal offenses may face inadmissibility to Canada. However, there are three primary avenues for overcoming inadmissibility:

1. Temporary Resident Permit (TRP) Application: A TRP grants temporary access to Canada for a specified period. It is typically issued when a foreign national has a valid reason for entering Canada and the benefits of their entry outweigh any potential risks to Canadian society. TRPs can be granted for up to three years, depending on the reason for entry. Applicants can submit a TRP application at any time, and it does not require completion of their criminal sentence.
2. Criminal Rehabilitation Application: This application provides permanent clearance of past criminal history for the purpose of entering Canada. It is a one-time solution that does not require renewal. Upon receiving approval for criminal rehabilitation, an individual is no longer considered inadmissible and does not need a TRP to enter Canada. Eligibility criteria for criminal rehabilitation include:

2.1 Committing an act outside of Canada that would be equivalent to an offense under the Canadian Criminal Code

2.2 Conviction or admission to committing the act

2.3 Completion of the sentence (including jail time, fines, community service, or probation) at least five years prior to the application

3. Legal Opinion Letter: Preemptively avoiding a finding of inadmissibility can be achieved by submitting a legal opinion letter addressed to the judicial authority hearing your case. Drafted by a Canadian immigration lawyer, this letter elucidates the potential immigration consequences of a conviction. It references relevant sections of Canadian law to assist the official in determining the charges and how different outcomes (conviction, sentencing, etc.) could affect the individual's ability to enter Canada.

Conclusion

The revised inadmissibility application fees ensure that IRCC can continue to provide efficient and effective immigration services. The implementation of partial refunds for service standard non-compliance further demonstrates IRCC's commitment to transparency and accountability. For foreign nationals seeking to overcome inadmissibility, the three pathways outlined above provide avenues for regaining their status and returning to Canada.

Migrate to Canada with Pelican Migration Consultants

At Pelican Migration Consultants, we understand the complexities of inadmissibility and the challenges foreign nationals face in regaining their status or returning to Canada. Our team of experienced immigration consultants in Dubai is dedicated to providing comprehensive guidance and support throughout the entire inadmissibility process.

We offer a personalized approach, carefully evaluating each client's unique circumstances to determine the most effective pathway to overcoming inadmissibility. Whether you require assistance with a Temporary Resident Permit (TRP) application, a criminal rehabilitation application, or a legal opinion letter, our team is here to guide you every step of the way.

We are committed to providing exceptional service and maintaining transparency throughout the process. We keep you informed of the progress of your application and address your concerns promptly and professionally.

If you are a foreign national facing inadmissibility, don't hesitate to contact Pelican Migration Consultants. We will work tirelessly to help you achieve your immigration goals and regain your status in Canada.