Inadmissibility in Canada: Who’s at Risk?

Inadmissibility in Canada

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.

People’s status in Canada

People could have any of the following statuses in Canada:

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:

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:

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 It’s important to note that the inadmissibility only applies after citizenship has been revoked, not while one is still a Canadian citizen.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 ParsaiAl Parsai, LLM, MA, RCIC-IRB
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

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    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.