Inadmissibility

DETERMINE IF YOU ARE INADMISSIBLE

Inadmissibility to Canada means that a foreign national is prohibited from entering Canada, without special permission.
Any inadmissible person is not allowed to be inside Canada, and has to leave Canada immediately.

Inadmissibility Reasons

• Previous criminal offences, with convictions inside or outside Canada
• Criminal grounds – any conviction on criminal grounds (including DUI&DWI)
• Medical reasons – having been diagnosed with a contagious disease;
• Security grounds – having been involved in terrorism or with a group that sponsors terrorism;
• Misrepresentation – any misrepresentation done in front of Immigration Canada;
• Financial grounds – being unable to support yourself or your family financially for your time in Canada
• Failure to comply with any Canadian immigration and associated laws;

Medical Inadmissibility

In the health and social services, the majority of the funds are provided by the government. There are certain excessive demands under the Immigration and Refugee Protection Regulations (IRPR) states:

• Any demand on health and social services whose anticipated future costs are likely to be higher than the average Canadian health and social services per capita over a period of five consecutive years; or
• Any demand on health and social services which may increase the prevailing waiting lists and enhance the speed of mortality in Canada thanks to inability in providing timely medical services to Canadian permanent residents and citizens.

There are specific classes of immigration applicants who do not have the excess demand provisions applicable for them. These include dependent children, spouses, common-law partners who are sponsored by a Canadian permanent resident or citizen. Applicants applying under humanitarian and refugee programs are also exempted.

Criminal Inadmissibility

A foreign national who may be a temporary Canadian resident or applying for permanent residency of Canada is deemed to be criminally inadmissible within the below circumstances:

• Has been convicted for an offence within Canada;
• Has been convicted for an offence committed outside Canada but is equivalent to crime in Canada;
• Has committed an act in another country, which is a considered a crime there and is also punishable under Canadian law

Police Clearance Certificates are required from all Canadian permanent residence applicants from all countries where they have resided for more than 6 months. They may be asked to give further details on the activities based on the discretion of the officer reviewing the application.

Misrepresentation

Misrepresentation is an intentional changing of facts or information to another person. It can be done by lying, providing the wrong information or intentionally providing false documents. Fraud and misrepresentation, both are done intentionally. Misrepresentation includes many activities such as:

• Providing incorrect or false information while filing an immigration application
• Deliberately holding back information which may cause you to inadmissible to Canada
• Altered or false travel documents including passports
• Intentionally altered or false visas
• Altered or false educational documents including diplomas, degrees, transcripts, credential evaluations, apprenticeship documents
• False documents or certifications of birth, marriage, separation, divorce or death
• Altered or false certificates of police clearance

Misrepresentation is considered an offence as per Immigration Canada and a person can be denied entry to Canada based on the misrepresentation made.

How Inadmissibility is Determined?

Inadmissibility is determined in numerous contexts by the Canadian immigration officers in below circumstances:

• At Canadian ports of entry
• At foreign visa offices at the time of visa application
• In Canada while the foreign national resides with a temporary visa
• In Canada with the resident foreign national holds permanent resident status

Overcoming Inadmissibility

Normally you cannot enter or stay in Canada if you are inadmissible. However, there are ways of overcoming your inadmissibility;

1. Temporary Resident Permit

   A Temporary Resident Permit (TRP) is a temporary document that will allow you entry into Canada for a limited amount of time, but it does not erase the inadmissibility. Applications for Temporary Resident Permits require that the applicant provide a major reason to elucidate why they need to be in Canada despite being criminally inadmissible.

2. Criminal Rehabilitation

   If 5 years have passed from the date upon which you completed all probationary conditions and sentences relating to your conviction, or if ten years have passed but you have multiple convictions, you must apply for criminal rehabilitation before entering Canada.

3. Deemed Rehabilitation

   If you only have one conviction that meets certain conditions, Canadian entry is possible if more than 10 years have passed since the completion of your sentence. In this case you may be deemed rehabilitated by the passage of time.

4. Legal Opinion Letter

   If you have charged with a criminal offense with a crime but not convicted, you are not required to go through any formal process to enter Canada. The purpose of this letter is to explain why under Canadian immigration law you are not criminally inadmissible to Canada.