Inadmissibility to Canada

Inadmissibility to Canada

Inadmissibility to Canada

Inadmissibility to Canada is one of the most frequent issues that immigration lawyers encounter with their clients. If you are inadmissible to Canada, you are barred from entering the country, and efforts will be made to remove you if you are already here.

There are a number of reasons one can be determined to be inadmissible to Canada, but at the outset, it is important to know that even if the Government of Canada or the Canada Border Services Agency (“CBSA”) determines that you are inadmissible, it does not necessarily mean that you are. It is important to understand any inadmissibility allegations, the basis for such potential findings, and how, if at all, you can get around being inadmissible to remain in, or come to, Canada.

Types of Inadmissibility

For all intents and purposes, there are three major categories of inadmissibility to Canada that we most frequently face. They are:

  1. Inadmissibility for criminality/security concerns

    If you have a record of serious, and in some cases, minor criminality, or if you are suspected by the Canadian authorities of potentially being a threat to the safety of the Canadian public, there are grounds to prevent you from entering Canada. Such criminal history can include minor drug charges in the past, driving while under the influence, theft, or violent crimes. It can also include alleged war crimes, being involved in organized crime, or being affiliated with a terror organization.

  2. Medical inadmissibility

    You may be found to be inadmissible to Canada for medical purposes in the context of a permanent residence application if you are suffering from a condition (short or long-term), that may be determined to pose an excessive demand on Canada’s healthcare system. If you are contagious or are determined to pose an unnecessary threat to the health and safety of Canadians, a determination may also be made that you are medically inadmissible.

  3. Inadmissibility for misrepresentation

    If you are determined to have misrepresented or lied to Canadian immigration officials about your past, or any element of any immigration application you have made in the past, or are currently making, you may be found inadmissible for misrepresentation. This includes making a material misrepresentation or withholding pertinent information from the authorities. This type of finding comes with a serious consequence: a five-year ban from making an application to enter Canada, whether on a temporary or permanent basis.

Inadmissible

Overcoming Inadmissibility

Though there are several ways that you can be determined to be inadmissible to Canada, it is important that the authorities who are making that determination have all the necessary information before them. Sometimes they are acting on old information, or sometimes they have misapprehended the information that they have before them.

It is possible to overcome your inadmissible status, but to do so, we strongly encourage you to hire an immigration lawyer with a solid foundation of knowledge about inadmissibility, so that you know your rights and what opportunities you may have to overcome or deal with your inadmissibility.

There are certainly ways to overcome perceived or actual inadmissibility, which include:

  • Proving that you have been rehabilitated or that you were never inadmissible in the first place;
  • Applying for criminal rehabilitation to show that your criminality happened a long time ago, or that you do not pose a threat to the Canadian public;
  • Making an application for a record suspension (a Canadian pardon, for those criminal charges/convictions arising in Canada); or
  • Making an application for a temporary resident permit which will grant you certain rights in Canada while you await an opportunity to overcome your inadmissibility more permanently.

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We Can Help

Hummingbird Lawyers LLP has experienced immigration lawyers. We can help you with your inadmissibility to Canada.

Get in touch with us.

For more information on the possible ways to overcome inadmissibility to Canada, please explore the following links to some of our other resource pages which we have prepared for you:

Adam Hummel is an Associate Lawyer in the Immigration practice, and Wills & Estates practice groups at Hummingbird Lawyers LLP.

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