Inadmissibilty​

Inadmissibility

Inadmissibilty to Canada

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. One of the major immigration problems in Canada is inadmissibility. Inadmissibility to Canada is an immigration issue that essentially means that a person is barred from entering the country. 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.

What you need know

Criminal Inadmisibilties

A foreign national may be inadmissible to Canada on the grounds of criminality. This will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.

If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada. Even if you have a charge from outside Canada and it was dismissed or an offence that was pardoned, you must provide all the necessary documents or facts to ensure you are not found inadmissible to Canada.

Contact Westside Canada Immigration for assistance in overcoming your inadmissibility and applying for a TRP, Criminal or Deemed Rehabilitation.

Medical Inadmisibilties

Every individual applying for a Permanent Residence and some applicants for Temporary Status in Canada (Super visa, Study Permit, Work permit) are required to undergo a medical examination by an approved Panel Physician. The medical exams are generally confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the individual’s mental state are also examined.

Individuals may have their application denied on medical grounds and found Medically Inadmissible in these circumstances:

  • Granting Permanent Residence status might cause excessive demand on existing social or health services provided by the government.
  • Their condition would endanger the health or safety of the Canadian population at large due to a contagious disease.

If you received a Procedural Fairness Letter from IRCC regarding potential Medical Inadmissibility, it is strongly recommended to retain professional help to draft an appropriate response. Don’t wait until your application is refused. Instead, be proactive. If you or your dependent family member has a medical condition, contact us to discuss. Timing is critical as steps can be taken before a decision is made on your application to alter the outcome.

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.

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. You must satisfy an officer that sufficient arrangements for care and support are in place, which does not involve any social assistance.

Temporary Resident Permit (TRP)

Inadmissibility is not equivalent to a permanent ban from entering Canada. There are solutions available to help people otherwise considered inadmissible to enter Canada. One of those is a Temporary Resident Permit. If an inadmissible person has a valid need to enter Canada that outweighs the risks of them being in the county, they may be granted this special permit that will allow them to be in the country for a predetermined amount of time.

Foreigners can be found to be inadmissible on the following grounds:

  • Criminal Inadmissibility
  • Medical Inadmissibility
  • Misrepresentation
  • Organized Crime (or ties to it)
  • Security Risk
  • Committed human or international rights violations