Inadmissibility
Some foreign nationals who want to enter Canada might be determined “inadmissible”, which means that they do not meet the general requirements for entry. Generally, it refers to previous criminal convictions, involvement in violent groups causing harm and terror against humanity, having certain medical conditions, or as simple as providing false information on an application.
Inadmissibility Factors:
Foreign nationals (and sometimes permanent residents) can be found inadmissible against the following factors:
- Security reasons – espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism, membership in an organization involved in any of these;
- Human or international rights violations – war crimes, crimes against humanity, being a senior official in a government engaged in gross human rights violations or subject to international sanctions;
- Committing a serious crime, including driving while under the influence of drugs or alcohol or any crime that would be punishable by a maximum prison term of at least 10 years per Criminal Code of Canada.
- Partaking in organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering;
- Medical reasons – having medical conditions that will cause danger on Canadian public health and/or safety, or cause an excessive demand on health or social services.
- Medical inadmissibility does not apply to refugee class applicants and applicants under family class (sponsorship applications).
- Financial reasons – inability or unwillingness to support yourself and your family members;
- Misrepresentation – providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA);
- Having an inadmissible family member.
Overcoming Inadmissibility
If a foreign national applying for any kind of permit or visa to enter Canada has any of the above-mentioned concerns, entry to Canada will be allowed only when proper measures are taken. For temporary entry, applicants must apply for a Temporary Resident Permit in the event that the inadmissible person must travel to Canada for whichever reason. This applies to visa-exempt and visa-required nationals alike.
If a foreign national is interested in applying for permanent residence and has inadmissibility concerns, there are few options to overcome this obstacle and continue on with the immigration plans.
Deemed Rehabilitation: means that enough time has passed since the conviction and the crime may no longer prevent the foreign national from applying for a visa and coming to Canada.
For a conviction and/or commission of an offence outside Canada that, if committed in Canada, would be considered as an indictable offence punishable by a maximum term of imprisonment of less than 10 years, deemed rehabilitation applies 10 years after the completion of the sentence that was imposed or 10 years after commission of the offence.
For a conviction for 2 or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences, deemed rehabilitation applies 5 years after the completion of sentences imposed.
Criminal Rehabilitation. means that not enough time passed since the conviction and the foreign national must submit an application for a criminal rehabilitation before or at the time of submission for a visa to Canada. Criminal rehabilitation applies in the following scenarios:
For a conviction and/or commission of an offence outside Canada that, if committed in Canada, would be considered as an indictable offence punishable by a maximum term of imprisonment of less than 10 years, applicant can apply for a criminal rehabilitation 5 years after the completion of the sentence that was imposed or 5 years after commission of the offence.
For a conviction and/or commission of an offence outside Canada that, if committed in Canada, would be considered as an indictable offence punishable by a maximum term of imprisonment of more than 10 years, applicant can apply for a criminal rehabilitation 5 years after the completion of the sentence that was imposed or 5 years after commission of the offence.
For applicants that have been convicted in Canada and are able to obtain a Canadian record suspension, inadmissibility factors no longer apply. If applicants obtained a record suspension in another country, applicants must check with the local Canadian visa office to see if the same will apply in Canada.
If you are looking for a Canadian Immigration Lawyer that can assist you with your matter, there is no need to look any further. At UL Lawyers, for all immigration matters, we offer free consultation for the first 15 minutes and in the event our law firm is retained, we will credit the consultation fee towards your legal fees. For more information, you can contact us via telephone or WhatsApp at 1-905-744-8888 or email us at info@ullaw.ca. We look forward to assisting you with your immigration matter.
