FAQ
Frequently Asked Questions About Inadmissibility and Grounds for Inadmissibility in Canada
1. What is Immigration Encima?
Immigration Encima is a firm specialized in Canadian immigration law in Quebec City. We focus on complex immigration situations.
Our main services:
- asylum claims (refugees, protected persons, Pre-Removal Risk Assessment “PRRA”);
- inadmissibility cases (criminality, misrepresentation, violation of the Act, etc.);
- admissibility hearings before the Immigration Division of the Immigration and Refugee Board of Canada (IRB);
- appeals before the Immigration Appeal Division of the IRB;
- deportations and detention;
- humanitarian applications;
- citizenship applications.
To view all our services, click here.
2. Why choose Immigration Encima in case of inadmissibility in Canada?
Our mission: to offer affordable, accessible, and human-centered legal services. We take the time to support you and simplify the legal concepts related to Canadian immigration law.
We will carefully review your file to present the available remedies and defend your interests. We understand that immigrating to another country is not easy; that is why we aim to support you and make your process easier.
3. What makes Immigration Encima different?
Expertise in complex cases
Most immigration law firms in Quebec City do not handle complex immigration cases. They prefer to specialize in economic immigration programs. Immigration Encima provides legal support to immigrants in Quebec City facing complex immigration issues. Many people often have to turn to an immigration lawyer in Montreal, where there are far more available.
Support for French speakers outside Quebec
We provide support to French-speaking immigrants outside Quebec who do not easily have access to a French-speaking immigration consultant or lawyer in their region.
4. Can you immigrate to Canada without a lawyer?
When a regulated immigration consultant is enough
Generally, you can complete your immigration process without a representative (whether a consultant or an immigration lawyer). However, when facing legal issues, many immigrants realize that there are few immigration lawyers in Quebec City. Nevertheless, you may be represented before the IRB tribunals by a regulated Canadian immigration consultant holding a “RCIC-IRB” licence.
What is the difference between an immigration lawyer and a consultant?
Many people also specifically look for an asylum lawyer in Quebec City. However, the regulated immigration consultant at Immigration Encima, through specialized university-level training in Canadian immigration law, can prepare asylum claims and represent applicants before the tribunal. Regulated Canadian immigration consultants now complete university-level training through a law faculty focused on immigration, refugee, and citizenship law. Only two universities in Canada offer this program. Immigration Encima can also represent you before the different divisions of the IRB. For example, we can represent you before the Immigration Division (ID) of the IRB during an admissibility hearing (inadmissibility), including cases related to criminality. We can also support you during your interview if you have received a summons from the Canada Border Services Agency regarding a removal (deportation).
5. Can you assist me at any stage of my immigration journey?
Of course! Even if you did not hire us during a previous immigration procedure, we can still step in.
Here are some concrete examples of how we can assist you:
- your asylum claim has been refused and you want to appeal the decision;
- you are ready to apply for citizenship after being a permanent resident for 1,095 days within the last 5 years;
- you are a permanent resident at risk of deportation;
- you want to work or apply for permanent residence in a French-speaking community outside Quebec;
- you have been ordered to leave Canada and wish to submit a request to defer removal.
6. Does Immigration Encima offer emergency immigration consultations?
7. Why can a permanent resident be deported from Canada?
Legal grounds for deportation
A permanent resident can be deported from Canada if they commit certain criminal offences or fail to meet their residency obligations. Even long-term residents can lose their status if they are not Canadian citizens.
This question often comes up because many people do not realize that permanent residents are not protected in the same way as Canadian citizens. Until they obtain Canadian citizenship, permanent residents may lose their status for:
- Specific criminal convictions- Failure to comply with residency obligations (not living in Canada long enough).
Each case is unique, and a professional assessment helps determine whether any legal remedies are available before a possible deportation.
8. Does a criminal record prevent immigration to Canada?
What is considered a “criminal record” for immigration purposes?
Only certain types of offences are taken into account by Canadian immigration authorities. Some acts may result in inadmissibility for criminality or serious criminality. An assessment must therefore be made based on the offences committed and convictions, whether in Canada or abroad.
What are the solutions for immigrating to Canada with a criminal record?
Among the possible remedies, we may consider, for example:
- rehabilitation,
- a temporary resident permit,
- an application based on humanitarian and compassionate grounds (H&C). Your immigration consultant at Immigration Encima will guide you in choosing the appropriate option and represent you in pursuing it.
Can pending criminal charges affect an immigration application in Canada?
When you have pending charges, it is important to consult a Canadian immigration consultant. They will be able to determine whether the offences may impact your Canadian immigration file.
In addition, the immigration consultant at Immigration Encima offers a solution for cases involving pending criminal charges: they can collaborate with your criminal defence lawyer to help reduce risks. They will work to find a strategy that minimizes the impact on your immigration file.
9. Can someone be deported from Canada because of an offence?
How can a crime lead to deportation from Canada?
It depends on several factors, including the seriousness of the offence, how long ago it occurred, the sentence imposed, etc.
If the offence meets the criteria set out in the law, an admissibility hearing may be conducted by the Immigration Division of the IRB. This tribunal may conclude that the person is inadmissible and issue a removal order. To understand your legal options and be represented by an immigration professional, contact your Canadian immigration consultant at Immigration Encima.