Inadmissible to Canada

Overview

There are a number of reasons why the Canadian immigration service may determine someone is inadmissible and why they may be denied entry to Canada at airport, refused a visa or turned away at the border.

The most common reasons people may be deemed inadmissible to Canada are as follows:

• Criminal history – past criminal offences, even relatively minor ones, can result in inadmissibility. These can include driving under the influence, theft, or more significant offences such as drug trafficking. It may be possible for those with a criminal history to apply for rehabilitation so that they are no longer deemed inadmissible
• Health issues – those with medical conditions that pose a public health risk or may place significant demands on Canada’s healthcare and social services systems can be found inadmissible
• National security concerns – if the Canadian government has concerns that someone is involved in activities that could threaten the country, such as espionage or terrorism, then they will be classed as inadmissible

• Human or international rights violations – individuals who have participated in war crimes, crimes against humanity, or committed human rights violations may be found inadmissible
• Financial reasons – anyone coming to Canada on a temporary or permanent basis must be able to support themselves financially. If the applicant cannot prove they have access to sufficient funds, they could be classed as inadmissible
• Misrepresentation – providing false information or omitting critical details during the immigration application process is grounds for inadmissibility and can lead to a long-term ban
• Non-Compliance with immigration law – those who have previously violated Canadian immigration laws, such as overstaying a visa or failing to comply with removal orders, may be considered inadmissible
• Organised crime links -anyone who has participated in or has connections to organised crime groups, such as gangs or mafia networks, may be considered inadmissible
• Accompanying family member’s inadmissibility – it is possible for the inadmissibility of a family member to be extended to others. For example, if a partner is classed as inadmissible, then it may impact the main applicant

Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) allows individuals who are otherwise inadmissible to enter Canada for a specific purpose and a limited period.

TRPs are issued at the discretion of immigration officials and are typically granted when the applicant’s need to enter Canada outweighs any potential risks they may pose. A TRP can be issued for a variable time of days to years.

TRPs are available to individuals with various types of inadmissibility, including minor criminality or health concerns.

To be granted a TRP, applicants must submit a detailed application explaining the reason for their visit, the steps they have taken to mitigate risks, and the length of time proposed for the stay. Supporting documentation may include proof of rehabilitation, medical reports and letters of support.

The permits are usually temporary and must be renewed or reapplied for if the individual wishes to re-enter Canada after their initial permit expires.

Criminal Rehabilitation

Criminal Rehabilitation is a process through which individuals with past criminal convictions can have their inadmissibility permanently resolved.

The applicant is no longer considered criminally inadmissible for those specific convictions if accepted.

Criminal Rehabilitation is only an option for those who have committed a crime outside Canada and completed their sentence at least five years before the application.

The applicant must demonstrate that they have reformed, do not pose a risk, and are unlikely to commit crimes in the future.

This typically requires submitting an application form, police certificates, and documentation detailing the applicant’s rehabilitation efforts.

Deemed Rehabilitation

For certain offences, individuals may be “deemed rehabilitated” if sufficient time has passed since the completion of their sentence, typically ten years for certain offences. Deemed Rehabilitation is not an application process but an automatic assumption that certain offences no longer pose a risk.

This is only an option for crimes that are not deemed as serious and occurred at least ten years ago.

Authorization to Return to Canada (ARC)

An Authorization to Return to Canada (ARC) is required for individuals who have previously been deported or removed from Canada and wish to re-enter. ARC applications allow these individuals to request permission to return despite their previous removal order.

Applicants must submit a detailed request outlining why they should be allowed to return, demonstrating that they have addressed the original reasons for removal.

ARCs require a lot of supporting evidence, and the process can be challenging. Therefore, you may wish to enlist the support of a legal professional.

Medical Inadmissibility Waivers

In certain cases, individuals deemed medically inadmissible due to conditions that pose a risk to public health or place an excessive demand on healthcare services can seek waiver or exemption.

Medical waivers are available to family members of Canadian citizens or permanent residents, such as spouses or dependent children.

Applicants will need to submit detailed medical reports, commit to private healthcare if applicable, or demonstrate the financial ability to offset healthcare costs.