INADMISSIBILITY
Immigration Company in Scarborough, Toronto
Inadmissibility is one of Canada's most challenging immigration issues. We have a unique expertise in appeals and inadmissibility cases and service individual immigration needs. If you have questions concerning inadmissibility and how to overcome it, a Canadian immigration lawyer can help. To learn how we can assist you, Contact Us today, OR
There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada such as:
- security,
- human or international rights violations,
- criminality,
- organized criminality,
- health grounds,
- financial reasons,
- misrepresentation,
- non-compliance with the Immigration and Refugee Protection Act (IRPA),
- having an inadmissible family member.
Causes of Inadmissible
The following table shows the causes of inadmissibility (see sections 33 to 43 of the Immigration and Refugee Protection Act).
Permanent Residents (PR), and Foreign Nationals (FN).
| Type | Description | Who |
|---|---|---|
| Security | Espionage, Subversion of a Government by Force, Terrorism, Danger to the Security of Canada, etc. | PR, FN |
| Human or international rights violations | Crimes Against Humanity and War Crimes | PR, FN |
| Serious criminality | Committing a crime that the maximum term of imprisonment is at least ten years or the actual term of imprisonment is more than 6 months | PR, FN |
| Criminality | If a person has been convicted of or committed a crime in their home country, and that crime has a Canadian equivalent, the person may be considered inadmissible to Canada owing to criminality. It is significant to remember that not all crimes and convictions make a person inadmissible to Canada. The crime must be of a certain degree of seriousness. A driving under the influence (DUI) charge is a common factor for criminal inadmissibility. One or more recent convictions for driving under the influence are likely to result in refusal to enter Canada. Theft, dangerous driving, and assault are further offences that can result in criminal inadmissibility. | FN |
| Organized criminality | An individual is involved in organized crime. | PR, FN |
| Health grounds / Medical Issues | Having a medical condition that seriously endangers the health or safety or causing excessive demand to publicly funded Canadian health and social services. | FN |
| Financial reasons | Not being able to support themselves in Canada | FN |
| Misrepresentation | Misrepresenting or withholding material facts | PR, FN |
| Non-compliance with Act |
Several reasons such as :
|
PR, FN |
How Should Inadmissibility Be Handled?
Depending on the nature of the inadmissibility and whether the affected individual is in Canada or not, one or more of below options may be available to them. In some circumstances, none of the options are accessible.
- Attending a hearing at the Immigration Division (ID) of the Immigration Refugee Board of Canada (IRB)
- Appealing the decision of the immigration officer or the ID at the Immigration Appeal Division of the IRB
- Filing for Judicial Review with the Federal Court of Canada
- Requesting Rehabilitation from the IRCC to remove the inadmissibility forever
- Requesting a Temporary Resident Permit (TRP) to be able to enter or stay in Canada despite the inadmissibility
- Applying for a Declaration of Relief under subsection 42.1(1) of the IRPA for inadmissibility to Canada under section 34 (security) paragraphs 35(1)(b) or (c) (human or international rights violations), and/or subsection 37(1) (organized criminality) of the IRPA
- Requesting permanent residency in Canada under the Humanitarian and Compassionate Considerations
- In the case of inadmissibility due to misrepresentation, waiting for five years
COMMON QUESTIONS ABOUT CRIMINAL INADMISSIBILITY
Temporary Resident Permit
A temporary restriction from entering Canada is not the same as being inadmissible. There are solutions available to assist persons who are otherwise considered inadmissible to enter Canada. A Temporary Resident Permit may be granted this special permission, which will allow an inadmissible person to stay in Canada for a set period of time, if their need to enter Canada is legitimate and overcome the risks of their being their country.