Who is Inadmissible to Canada? – Who May Not Visit or Immigrate to Canada?
Jalal is a citizen of Afghanistan. He intends to immigrate to Canada under the Express Entry system. Jalal had a clash with the law when he was 16 years old. He stole some money from his school. Jalal never served prison time, but despite being 25, his police report reflects the issue. Jalal wonders if he is inadmissible to Canada.
Canada has strict rules to protect its citizens’ safety and security and the integrity of its immigration system. As a result, certain people may be inadmissible to Canada.
What Does Inadmissibility to Canada Mean?
If a person is inadmissible to Canada and lives outside the country may not visit, study, work or immigrate to Canada. If an inadmissible person is currently inside Canada, has to leave Canada immediately.
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Who is Affected by the Inadmissibility Rules?
All of the inadmissibility rules affect foreign nationals. Some of these rules affect Canada’s Permanent Residents (i.e. people who have already immigrated to Canada but are not naturalized citizens yet). The inadmissibility rules do not affect Canadian citizens as they have the unqualified right to enter and remain in Canada under the Constitution Act, 1982.
Under What Circumstances, a Person Becomes Inadmissible to Canada?
The following table shows the causes of inadmissibility (see sections 33 to 43 of the Immigration and Refugee Protection Act). In this table, PR means Permanent Residents, and FN means Foreign Nationals.
|Security||Espionage, Subversion of a
Government by Force, Terrorism, Danger to the Security of Canada, etc.
|Human or international rights violations||Crimes Against Humanity and War Crimes||PR, FN|
|Serious criminality||Committing a crime that the maximum term of imprisonment is
at least ten years or the actual term of imprisonment is more than 6
|Criminality||Indictable offences, etc.||FN|
|Organized criminality||Being a member of a criminal gang||PR, FN|
|Health grounds||A danger to public health or safety or causing excessive demand to Universal Healthcare in Canada||FN|
|Financial reasons||Not being able to support themselves in Canada||FN|
|Misrepresentation||Misrepresenting or withholding material facts||PR, FN|
|Non-compliance with Act||Several reasons such as a||PR, FN|
How to Resolve Inadmissibility?
Depending on the nature of the inadmissibility and whether the affected person is in Canada or not, they could have one or more of these options. In some cases, none of the options are available.
- Attending a hearing at the Immigration Division (ID) of the Immigration Refugee Board of Canada (IRB)
- Appealing the decision of the immigration officer or the ID at the Immigration Appeal Division of the IRB
- Filing for Judicial Review with the Federal Court of Canada
- Requesting Rehabilitation from the IRCC to remove the inadmissibility forever
- Requesting a Temporary Resident Permit (TRP) to be able to enter or stay in Canada despite the inadmissibility
- Applying for a Declaration of Relief under subsection 42.1(1) of the IRPA for inadmissibility to Canada under section 34 (security) paragraphs 35(1)(b) or (c) (human or international rights violations), and/or subsection 37(1) (organized criminality) of the IRPA
- Requesting permanent residency of Canada under the Humanitarian and Compassionate Considerations
- In the case of inadmissibility due to misrepresentation, waiting for five years
You may also read the following relevant articles:
- How can I resolve inadmissibility to Canada?
- Canadian Immigration Courts and Administrative Tribunals
- Misrepresentation Canada Visa and Immigration
- TRP – Temporary Resident Permit to Canada – A Remedy for Inadmissibility
- Deemed Rehabilitated in Canada – Deemed Rehabilitation
- Application for Rehabilitation – Overcoming Criminal Inadmissibility
- Record Suspension or Pardon for Immigration to Canada
- Rehabilitation vs Record Suspension in immigration to Canada
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