Am I Inadmissible to Canada?

Inadmissibility Factors

• MOST COMMON – you have been convicted of a crime, or you have committed an act outside Canada that would be a crime,
  • This includes DUI, DUAI, DWAI, DWI
• you are a security risk,
• you have committed human or international rights violations,
• you have ties to organized crime,
• you have a serious health problem,
• you have a serious financial problem,
• you lied in your application or in an interview,
• you do not meet the conditions in Canada’s Immigration Law or
• one of your family members is not allowed into Canada.

I think I am inadmissible. What do I do now?

Each individual case requires careful analysis.  Every case is different.  There are cases where the case disposition does not render the client inadmissible.  Under certain circumstances, for instance, a conditional discharge could mean that you are still admissible to Canada.  It is your responsibility to prove that you are admissible.

Why Should I Consult with a Registered Canadian Immigration Consultant?

Finding out that you are inadmissible to Canada can be embarrassing, scary and costly.  The best way to approach this is to be proactive. If you have ever been arrested, you should contact an experienced consultant in order to evaluate your inadmissibility.  If you wait and try to enter, and then are formally denied, you will be required to complete an additional step to gain admissibility to Canada.  You will need to first be approved for an Authorization to Return (ARC) before you can apply for any other form of relief from your underlying inadmissibility grounds (see below).

Those clients who come to us before they are formally deported or refused have the best chances for a quicker and simpler application to overcome admissibility.  There are different options depending on the purpose of your travel to Canada and the amount of time that has passed since the end of your sentence or when the incident occurred.

Clients whose purpose of travel to Canada involves their employment are the most likely to have a strong and compelling case for the issuance of a Temporary Resident Permit (TRP).  A TRP is issued to an individual who is inadmissible to Canada based upon any of the grounds outlined below.

Typical case:  We specialize in Business and Family Immigration.  Therefore, the most common cases we see in our firm deal with immediate family members or business people who have a criminal history that precludes them from entering Canada.  Most often this is an impaired driving charge or a theft charge.  Depending on the disposition of these cases, it most likely renders the applicant inadmissible to Canada.

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In some cases, you may be required to file an Authorization to Return to Canada (ARC). You may be eligible for a Temporary Resident Permit, allowing you to enter into Canada even though you are deemed inadmissible. A long-term option could be obtained through a Rehabilitation Application. Under specific criteria, you may be considered Deemed Rehabilitated and be admissible to Canada.

TRP, Rehab and Deemed Rehabilitated

If it has been less than 5 years since the last stipulation of your sentence was completed, then your only remedy is a TRP.  These can be filed at the consulate, and in some circumstances, obtained at a land border or airport.  A carefully drafted and complete TRP application, along with all corresponding evidence, can be a very compelling case under these circumstances and should be approvable. When charges cross over into felony charges, the bar is heightened however there are ways to assemble a solid case for approval.

If more than 5 years have passed since you satisfied all stipulations of your sentence, then you should be eligible for Rehabilitation.  If Rehabilitation is approved, you are deemed admissible from that point forward unless you have a new issue, which would render you inadmissible.  This would then start the process over to the beginning.

If you only have one charge and more than 10 years have passed since you satisfied all stipulations of your sentence, then you should be eligible for Deemed Rehabilitation.  If you are Deemed Rehabilitated, you are deemed admissible from that point forward unless you have a new issue, which would render you inadmissible.  This would then start the process over to the beginning.  If you have had multiple arrests, convictions or more than one charge from the same event, then you can never be considered Deemed Rehabilitated.

Minimum requirements

1. Convicted of a crime (either in Canada or outside of Canada)
   • Having been convicted of a crime – please note that all convictions do not necessarily render you inadmissible. The disposition of the case will need to be evaluated to determine inadmissibility.
   • Driving while under the influence of drugs or alcohol is a common conviction that can render you inadmissible to Canada.
2. Security Risk
   • Espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism, or membership in an organization involved in any of these
   • Are you likely to pose a threat to the lives and safety of Canadians?
3. 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
4. Committing an Act
   • committing a serious crime that would be punishable by a maximum prison term of at least 10 years Canada – Refer to the Canadian Criminal Code to determine the maximum prison term in Canada
5. Ties to Organized Crime
   • This includes membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
6. Serious Health Problem
   • Likely to be a danger to public health or public safety
   • Might reasonably be expected to cause excessive demands on health or social services
   • Exceptions
     • family class sponsored spouses, common-law partners and dependent children, convention refugees or people in similar circumstances and protected persons.
     • A spouse, common-law partner, child or other family members of these permanent resident groups are also exempt.
7. Serious Financial Problem
   • if they are unable or unwilling to support themselves and their family members – this is a discretionary balancing test.
   • You must have “satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.”
8. You lied in your application or in an interview
   • Misrepresentation considered providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
9. You did not meet the conditions in Canada’s Immigration Law
   • Failure to comply with IRPA – Immigration and Refugee Protection Act
     • Overstayed your Visa
     • Worked or studied without proper authorization
     • Permanent residents who have not resided in Canada for the required amount of time and
     • Previously deported and try to enter Canada without written authorization.
10. One of your family members is inadmissible into Canada
    • Your accompanying family member or non-accompanying family member is inadmissible or you are an accompanying family member of an inadmissible person. That family member would need to be inadmissible under Security Risk, Human Rights Violations or Organized Crime in order for this section to apply.