Inadmissibility

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While Canada is a country that values the entry of foreign nationals, there are still a number of rules and regulations that must be followed to gain admission. In some cases, you may not even realize that you have breached immigration regulations, rendering you inadmissible to Canada.

In these cases, it is important to know which steps you can take to remedy your situation as well as understand how you can become inadmissible to Canada.

What does it mean to be inadmissible to Canada

When you are deemed inadmissible to Canada, this means that you do not meet the regular eligibility criteria for admission to the country. You can be inadmissible for various reasons and your personal circumstances will dictate which route you must take for entry; however, regardless of why you are inadmissible, you will not be granted entry to Canada under the normal application process.

In Canada, grounds of inadmissibility include:

security
human or international rights violations
criminality
organized criminality
health grounds
financial reasons
misrepresentation
non-compliance with the Immigration and Refugee Protection Act
having an inadmissible family member

Criminal Inadmissibility

Per section 36 of the Immigration and Refugee Protection Act,

Serious Criminality

36(1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside of Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years

Criminality

36(2) A foreign national is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations

Overcoming criminal inadmissibility

For offences committed outside of Canada, there are two ways to overcome criminal inadmissibility in Canada - applying for rehabilitation, or being deemed rehabilitated. If your offence is one that would be considered indictable in Canada, punishable by a maximum term of imprisonment of less than 10 years, you may be deemed rehabilitated if 10 years has passed once you have completed your full sentence, or you committed the offence. If your offence is one that would be prosecuted summarily in Canada, and you were convicted of 2 or more of these offences, the period of rehabilitation is a minimum of 5 years after you have completed your full sentence.

The best way to overcome criminal inadmissibility is to apply for rehabilitation. While you may be deemed rehabilitated under the rules, when you apply for rehabilitation, you will have written proof of this and can avoid any hassle when making other Canadian immigration applications.

For offences committed inside of Canada, you will be required to apply for a record suspension from the Parole Board of Canada before becoming admissible to the country again. If you have a conviction inside Canada and outside Canada, then you will be required to obtain a record suspension and an approval of rehabilitation before becoming admissible to the country again.

Rehabilitation

When you have been deemed rehabilitated, or your application for rehabilitation has been approved, the grounds of criminal inadmissibility have been removed from your profile. The following chart illustrates the conditions in which you are eligible to apply for rehabilitation.

In some cases, you may not be considered inadmissible to Canada. Before applying for rehabilitation, it is important to make sure you actually need to take this route.

If you are not eligible for rehabilitation but you need to come to Canada

If you find yourself in a situation where you need to enter Canada for a valid purpose, but you are not eligible for rehabilitation, you can apply for a temporary resident permit. There are a number of conditions that must be met in order to be approved for a temporary resident permit and your reason for entering Canada must be compelling. A temporary resident permit is not an alternative to a visitor visa.

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Medical Inadmissibility

There are three reasons for why someone would be considered medically inadmissible to Canada:

they are a danger to public health
they are a danger to public safety
their condition would create excessive demand on health or social services

Danger to public health

When your application is submitted, an officer will review your immigration medical exam. If you have a certain infectious disease, or have been in close contact with someone who has an infectious disease, your medical condition may be considered a danger to public health.

Danger to public safety

In some cases, a person's medical condition could cause them to lose their physical or mental abilities, or act out violently. In these instances, their medical condition may be considered a danger to public safety.

Excessive demand on health or social services

In order for your health condition to be considered an excessive demand,

the health or social services needed to treat your condition would negatively affect wait times for services in Canada, or
the services needed to treat and manage your condition would likely cost more than the excessive demand cost threshold

Medical inadmissibility based on excessive demand reasons does not apply to the following people:

refugees
protected persons
people being sponsored as members of the family class, including dependent children, spouses, and common-law partners

Excessive demand cost threshold

The excessive demand cost threshold is updated by the government every year. It is based on the average cost for health and social services in Canada, multiplied by 3. In 2021, the cost threshold is $108,990 over a 5-year period ($21,798 per year). The following conditions have been removed from assessment for excessive cost:

special education services
social and vocational rehabilitation
personal support services

Overcoming medical inadmissibility

When an officer determines that you are likely inadmissible to Canada due to medical reasons, they will send you what is called a procedural fairness letter with their concerns. This gives you, the applicant, the opportunity to respond to the officer's concerns and support your claim that you are not medically inadmissible.

While the decision is at the discretion of the officer and they are not obligated to find in your favour, it is important to put forth as much supporting documentation as possible to show that you are not inadmissible to Canada. This is your chance to overcome your medical inadmissibility and it is imperative that it is done properly and thoroughly.

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Mirepresentation

Misrepresentation

Per section 40(1) of the Immigration and Refugee Protection Act, a permanent resident or foreign national is inadmissible for misrepresentation,

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Act;

(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

(d) on ceasing to be a citizen under the Citizenship Act

When you submit an immigration application to the Canadian government, the expectation is that you are being honest about your circumstances and that your documents are genuine. In some cases a person may misrepresent on purpose and in others, they may have misrepresented because of an honest error.

Some examples of material misrepresentation (misrepresentation that could induce an error) are:

not declaring a previously refused visa
providing a false document
failing to mention a family member
engaging in a non-genuine marriage
lying about your past employment experience

Some examples of non-material misrepresentation (misrepresentation that could not induce an error) are:

accidentally reversing your date of birth
checking the wrong box on an application form

When an applicant outside of Canada is found inadmissible to Canada based on misrepresentation, they may be banned from the country for up to 5 years. When an applicant inside of Canada is found inadmissible for misrepresentation, they could receive a removal order. Because the consequences are so harsh, an officer is required to provide the applicant with an opportunity to respond to the allegations before making the finding official. This can be in the form of a procedural fairness letter or by interview.

Even your misrepresentation was innocent and you had no idea you had provided inaccurate information, the government will still hold you responsible as they are relying on your accuracy of information in order to make a decision on your application.

Remedies

Overcoming misrepresentation is difficult but there are things you can do under these circumstances in an effort to remedy your situation:

if you made an honest mistake in your application, be honest about it when it is brought to your attention by the officer and show that you are remorseful for the error
you can try to challenge the officer's decision in Federal Court
if you have received an exclusion order because of misrepresentation, you can apply for an Authorization to Return to Canada (ARC)
if you are inadmissible due to misrepresentation but have a valid reason to enter Canada, you can apply for a temporary resident permit
in some instances and depending on your circumstances, you can try applying under a humanitarian and compassionate program
if you have not misrepresented you can provide documents to support this

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ARC

Authorization to Return to Canada (ARC)

There are 3 types of removal orders in Canada - a Departure Order, an Exclusion Order, a Deportation Order. Each of these has its own consequences.

Departure Order

If you receive a departure order, you are required to leave Canada within 30 days and confirm your departure with the Canada Border Services Agency. If you fail to do this, your departure order will become a deportation order and you will be required to apply for an ARC in order to come back into Canada.

Exclusion Order

An exclusion order also requires you to leave Canada and confirm this with the Canada Border Services Agency; however, if you are given an exclusion order, it will include a certain period of time for which you cannot enter Canada. If you were issued an exclusion order and at least one year has passed since you left Canada and you have a certificate of departure showing the date you left, you do not require an ARC. If you wish to return to Canada less than a year after your exclusion order was issued or you don't have a certificate of departure, you will need to apply for an ARC.

Deportation Order

When you receive a deportation order, you will be permanently barred from entering Canada and will be required to apply for an ARC in order to return.

Applying for an ARC

When you apply for an ARC, there are various factors that an officer will assess when considering your request, including:

what were the reasons for your removal order
is there a possibility that you will engage in repeat behaviour
how long has it been since your removal order was issued
what are you current circumstances
why do you want to enter Canada

If you received a deportation order because you failed to meet the requirements of your departure order, an officer will expect an explanation for the reasons why you did not leave Canada within 30 days. Additionally, if the government of Canada had to pay the fees for your departure from the country, you will be required to re-pay these costs before your ARC is granted.

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