Inadmissibilty
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:
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 us 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.
*Note: The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the Spouse, Common-law partner, Conjugal partner and Dependent children of the sponsor. The sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety.
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.
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 to 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 IRCC 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.
Temporary Resident Permit (TRP)
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
A Temporary Resident Permit (TRP) may be issued, at the discretion of Canadian Immigration Authorities, to individuals who would otherwise be inadmissible to Canada because of misrepresentation, criminality, or health issues, permitting them to enter or stay in Canada, where justified by compelling circumstances. A TRP grants an individual’s legal entry to Canada for a certain period, despite the fact that the individual is in fact inadmissible. It is essentially a “hall pass” that temporarily excuses the individual’s inadmissibility so that he or she may enter Canada. It can be valid for as short as a couple of days up to a maximum of three years.
A TRP can be applied for at any point. Unlike criminal rehabilitation, a TRP is not subject to a certain time frame in relation to the completion of the sentence. An individual can in fact be granted a TRP while still serving a portion of his or her sentence in certain circumstances.
In deciding whether or not to issue a TRP, a Canadian Immigration Visa Officer will weigh the inadmissible person’s need to enter or remain in Canada against the health and security risks to the Canadian population. Applicants must be able to demonstrate that their entry into Canada is justified, no matter how minor the reason for inadmissibility may seem.
A TRP is issued for the length of the stay in Canada (up to three years) and may be extended from inside Canada. The permit is no longer valid if the holder exits Canada, unless re-entry had been authorized at the time of issuance. The permit can also be cancelled by an officer at any time.
In certain circumstances, the holder of a TRP will be granted permanent resident status in Canada.
To apply for a TRP, you will need to submit an application with the supporting documents explaining the reason behind your inadmissibility and why your entry into Canada may be justified. If you are a citizen of a visa-exempt country, you will need to apply based on the guidelines set out by your specific country, as the application form may be different.
Authorization to Return to Canada (ARC)
Have you ever been issued a departure order, deportation order, or exclusion order?
If you have been the subject of a removal order from Canada, you will probably need an Authorization to Return to Canada (ARC) if you want to return. Whether you need one depends on the type of removal order that was issued.
Types of removal orders:
- Look at the document you received from Citizenship and Immigration Canada or the Canada Border Services Agency before you left Canada. The form number will tell you the type of removal order. There are three types of removal orders.
- If you received a Departure Order, and left Canada within the required 30 days and verified your departure with a Canadian immigration officer at the port of exit then you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
- Please Note: If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC.
- If you were issued an Exclusion Order, and 12 months have passed since you left Canada and you have a Certificate of Departure (IMM 0056B) showing the date you left Canada you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
- You NEED an ARC if you wish to return to Canada less than 12 months after the Exclusion Order was issued or do not have a Certificate of Departure.
- Deportation Order: If you have been the subject of a Deportation Order, you will NEED to apply for an ARC.
Please Note: If you were deported because of criminal inadmissibility, you will need to apply for criminal rehabilitation first. You may also need a Temporary Resident Permit to be allowed into Canada. Therefore, in addition to the ARC you may also require other documents to enter Canada. Please contact us for further clarification on this. We are here to help you move forward!
Fairness letter
If you receive a procedural fairness letter in Ontario, it’s important to submit a detailed and accurate report that summarizes all the critical arguments of your case. A strong and well-thought argument can lead to a more favourable decision by the IRCC.
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
We Can Help
Hatch Immigration Consultancy will assist you in all matters regarding Inadmissibility claims. If being inadmissible restrains you from entering or remaining in Canada, connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future.
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