What is Inadmissibility?

The term “inadmissibility” is used to identify people who are not legally permitted in Canada. All inadmissibility provisions apply to foreign nationals, some provisions apply to permanent residents. Inadmissibility provisions can be used to keep a person out of Canada or to initiate the removal of a person who is in Canada. Also, the inadmissibility provisions are both important and complicated. Some of the grounds for inadmissibility are discussed below:

Security
The security provisions are broad. Foreign nationals and permanent residents can be found inadmissible on security grounds for:
(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;
(b) engaging in or instigating the subversion by force of any government;
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
(c) engaging in terrorism;
(d) being a danger to the security of Canada;
(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).
 
Human or International Rights Violations
These provisions are used to catch people who violate the Crimes Against Humanity Act and War Crimes Act, senior officials of a government involved in genocide, terrorism or other human rights violations. The exception is if the person can prove to the Minister that their presence in Canada is not detrimental to the national interests of Canada pursuant to s. 42.1 IRPA.
You can also be inadmissible to Canada under s.35 if you are a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.
 
Inadmissibility for Criminal Convictions, Criminal Charges, and Committing Criminal Acts
Serious Criminality
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 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
A foreign national (not a permanent resident) 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 (meaning a more serious 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.
 
Organized Criminality
Foreign nationals, permanent residents can be found inadmissible on grounds of organized criminality for being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern. This section also explicitly includes people smuggling, trafficking in persons or money laundering. There are two exceptions to this ground of inadmissibility. First, if the person was smuggled into Canada (due to the refugee protection laws in Canada). Second, if the person can prove to the Minister that their presence in Canada is not detrimental to the national interests of Canada.
 
Health Grounds
There are three grounds of inadmissibility under these provisions: if a foreign national:
(1) is likely to be a danger to public health; 
(2) is likely to be a danger to public safety; or 
(3) might reasonably be expected to cause excessive demand on health or social services. 
 
There are legislated exceptions to the third ground. If a person might reasonably be expected to cause an excessive demand on health or social services, that person is NOT inadmissible if that person: 
(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations; 
(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances; 
(c) is a protected person; or 
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of the above three exceptions.
 
Financial Grounds
A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themselves or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.
 
Misrepresentation

Misrepresentation is essentially lying to Canadian immigration officials, either directly or indirectly. This includes omissions. The misrepresentation must be one which induces or could induce an error in the administration of the IRPA. These provisions specifically identify being or having been sponsored by a person who is determined to be inadmissible for misrepresentation as a separate ground of inadmissibility. This ground applies to refugees or protected persons, foreign nationals, permanent residents, and Canadian citizens who acquired their citizenship by false representations.

The duration of inadmissibility for misrepresentation is 5 years. In the case that CIC determines outside of Canada that you are inadmissible for misrepresentation, the 5 years start counting from the moment a final decision is made with regards to your inadmissibility. If the determination is made inside of Canada, the 5 years start counting on the date your removal order is enforced. During these 5 years, the person cannot apply for permanent residence.
Cessation of Refugee Protection
A foreign national is inadmissible if their refugee protection has ceased under s.108(2) of the IRPA. If the refugee is already a permanent resident, then they are inadmissible if their refugee protection has ceased under section 108(1) (a) to (d). 
 

Non-Compliance

Anyone who has not complied with a provision of the IRPA or Regulations, either directly or indirectly is held inadmissible. 
Inadmissible Family Member
A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if 
(a) their accompanying family member or, in some circumstances, their non-accompanying family member is inadmissible or 
(b) they are an accompanying family member of an inadmissible person. 
There are some exceptions to this rule.

 

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