Inadmissibility in Canada: Who’s at Risk?
Maria, a Brazilian citizen, intends to immigrate to Canada. However, the rumours about the potential inadmissibility of many people to Canada make her nervous. Maria wonders who is at risk of inadmissibility to Canada and the consequences they could face. She also wants to know the remedies to inadmissibility issues.
Table of contents
People’s status in Canada
People could have any of the following statuses in Canada:
- Canadian citizens either by birth or by way of naturalization (grant of citizenship)
- Permanent residents via immigration options:
- Foreign nationals or rather anybody who is not a PR nor a citizen, e.g.:
Remember that the status of people concerning Canada is regardless of where they are. Therefore, you have the same status, whether inside or outside Canada.
What is inadmissibility
Inadmissibility prevents a person from moving to Canada. If the person is inside Canada, they could face one of the following circumstances:
There are many reasons for inadmissibility. Here is a quick list:
- Security, such as terrorism
- Human rights violations
- Criminality or serious criminality
- Organized criminality
- Health grounds
- Financial reasons
- Misrepresentation
- Non-compliance with the immigration laws
- An inadmissible family member
Permanent inadmissibility to Canada
Some forms of inadmissibility ban a person from Canada forever by default, namely:
- Security
- Human rights violations
- Criminality or serious criminality
- Organized criminality
- Health grounds
Of course, there are remedies here and there to overcome the ban for most of these situations. Here are some examples:
- Deemed rehabilitation for some forms of criminality
- Rehabilitation applications for criminality or serious criminality
- Temporary Resident Permit as a bandaid solution for most forms of inadmissibility
- H&C applications for health grounds and criminality
- Ministerial relief for some cases of security, organized criminality, and human rights violations
Of course, none of these are perfect. Moreover, these options are time-consuming and expensive.
Temporary inadmissibility to Canada
Some forms of inadmissibility are temporary.
- Misrepresentation causes a five-year ban.
- Financial inadmissibility usually affects a specific application. If the person resolves their financial issues in the following application, it won’t ban them from applying. However, the officer may scrutinize their application.
- Non-compliance usually dissipates when the person leaves Canada. However, they may still need to apply for an Authorization to Return to Canada (ARC) if they receive a removal order.
Inadmissibility because of a family member could affect a person temporarily or permanently, depending on the reasons behind the other family member’s inadmissibility.
Inadmissibility for Canadian citizens
Canadian citizens are immune to inadmissibility. However, a Canadian citizen can become inadmissible to Canada if their citizenship is revoked due to obtaining, retaining, or resuming it through false representation, fraud, or by knowingly concealing material circumstances. It’s important to note that the inadmissibility only applies after citizenship has been revoked, not while one is still a Canadian citizen.
Once an action to revoke citizenship is initiated, the Minister of Public Safety can request a declaration of inadmissibility on grounds such as security risks, human rights violations, or organized criminality. This declaration serves as a removal order, making the individual inadmissible to Canada. Therefore, the declarations of inadmissibility are tied to the revocation of citizenship and do not apply to current Canadian citizens.
Inadmissibility in Canada for permanent residents
Permanent residents could become inadmissible on the following grounds. However, they are immune to other forms of inadmissibility.
- Security and human rights violations
- Organized or serious criminality
- Misrepresentation
- Non-compliance in terms of not meeting their residency obligation
If permanent residents lose their PR status because of inadmissibility, they also become susceptible to other forms of inadmissibility.
Inadmissibility for foreign nationals
All forms of inadmissibility affect foreign nationals. However, if the family member of a foreign national is inadmissible, they may not become inadmissible because of them if,
- The application is for temporary residence.
- The ground of the inadmissibility for the family member is not security, human rights violations, or organized criminality.
Protected persons are still foreign nationals. However, they won’t become inadmissible because of a family member.
Overcoming inadmissibility
As I mentioned, some forms of inadmissibility go away with time or if the person leaves Canada. I introduced potential remedies for the other forms under the Permanent Inadmisbiilty section. Regardless, you need to know that resolving inadmissibility is difficult, time-consuming, expensive, and prone to failure. Take inadmissibility seriously and hire a professional to assist you. If you receive a Procedural Fairness Letter, you are likely facing inadmissibility. Book a consultation session before it is too late.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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