Inadmissibility

Inadmissible person is not allowed to come or immigrate for reasons specified in immigration law
A foreigner may be inadmissible to Canada on grounds of criminal convictions, security reasons, health grounds, financial reasons, inadmissible family member or misrepresentation on the immigration application in the past. There are legal ways to overcome inadmissibility to Canada. Admissibility is one of many factors that is always assessed by a visa officer.
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  • Types of Inadmissibility
  • Temporary Resident Permit (TRP)
  • H & C Applications

Medical inadmissibility on health grounds

Medical inadmissibility to Canada may arise if a person’s condition is likely to put in danger public safety or public health or cause unnecessary demands on health or social services.

Criminally inadmissible for committing or been convicted of a crime in or outside Canada

If someone commits or was convicted of a minor or serious crime, it can make a person inadmissible to Canada on criminal grounds. Some examples of criminal inadmissibility are driving while under the influence of alcohol or drugs, theft, assault, manslaughter, dangerous driving, possession of or trafficking in drugs or controlled substances, money laundering, people smuggling, organized criminal activity, etc.

Misrepresentation

Withholding information, giving false information, or sending false documents related to the immigration process is considered fraud under Canada’s immigration law. It will make a person inadmissible to Canada for misrepresentation.

Withholding information, giving false information, or sending false documents related to the immigration process is considered fraud under Canada’s immigration law. It will make a person inadmissible to Canada for misrepresentation.

Misrepresentation can result in denial of entry, refusal of applications, loss of visitor or permanent resident status, revocation of citizenship and prosecution, immigration ban to enter Canada for 5 years, and removal from Canada.

Inadmissibility on financial grounds

Applicants who are unwilling or unable to support financially themselves and their family members may be inadmissible to Canada on financial grounds. Most immigration programs do require you to meet certain income threshold or require proof of funds, failure to meet your financial obligations may render you inadmissible on financial grounds.

Human or international rights violations or security reasons

It include crimes against humanity, war crimes, subject to international sanctions. Also, they include government senior officials that took part in serious human rights violations. It also includes espionage, terrorism or violence, or taking part in an organizations involved in such activities.

 

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If you have a valid reason to travel to Canada, the Immigration and Refugee Protection Act (IRPA) allows an inadmissible person to apply for a temporary resident permit (TRP). If a TRP is granted, then an inadmissible person can enter or stay in Canada temporarily. Canada TRP can be granted only if it is justified in the circumstances, which makes it an exceptional discretionary measure. TRP may be valid from 1 day to 3 years and can be single-entry or multiple-entry.

However, if you have committed or been convicted of a crime than you may have to overcome your criminal inadmissibility and shall be deemed rehabilitated.

There are ways to overcome criminal inadmissibility through:

  • Criminal rehabilitation
  • Record suspension or discharge in Canada, or
  • Applying for temporary resident permit (TRP).

To be eligible for a temporary resident permit, a person’s stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you’re inadmissible seems minor, you must demonstrate that your visit is justified. 

If you think you may be inadmissible to Canada, Contact Us or Book A Consultation to work with an immigration consultant today!

A foreign national, whose application for a permanent residence was refused due to inadmissibility, may request an exemption on humanitarian and compassionate grounds.

Relevant H&C factors include, but are not limited to:

  • establishment in Canada
  • ties to Canada 
  • the best interests of a child directly affected by the H&C decision
  • factors in a country of origin (adverse country conditions)
  • health considerations including an inability of a country to provide medical treatment
  • family violence considerations
  • consequences of the separation of relatives
  • financial inadequacy towards meeting requirements
  • inability to leave Canada has led to the establishment
  • ability to establish in Canada
  • any unique or exceptional circumstances


If you think you may be inadmissible to Canada, Contact Us or Book A Consultation to work with an immigration consultant today!

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