Inadmissibility

Criminal Inadmissibility

Do you want to make sure whether you are admissible to Canada or not? Yes, there are several grounds on which your immigration application may be rejected or you may be announced inadmissible for an entry in Canada. A foreign national is generally considered inadmissible on the grounds of criminality, medical condition and misrepresentation.

What Includes Criminal Inadmissibility?

For convictions within Canada, which includes:

• An indictable offence punishable by a sentence of less than ten years
• A conviction in Canada for two or more summary offences

For convictions outside Canada, which includes:

• Conviction outside Canada for an act that would be equivalent to an indictable offence punishable by a sentence of less than ten years in Canada.
• Have been convicted outside Canada for two or more acts that would be equivalent to summary offences in Canada.
• Been convicted for an act that would be equivalent to a hybrid offence punishable by a sentence of less than ten years.

Medical Inadmissibility

Before filing for a Permanent Resident Visa or a temporary resident status in Canada, applicants are required to undergo a medical examination conducted by a licensed medical officer. Though these exams are confined to a standard physical exam including blood and urine tests, mental health is also examined.

A visa application can be denied in case:

• The medical condition of an applicant would endanger the health or safety of the population at large.
• Their admission may cause an excessive demand for health services provided by the government.

Medical inadmissibility is often considered for applicants whose medical conditions could potentially infect other Canadians or may otherwise cause a danger to the health and safety of the public. The other reason behind the medical inadmissibility focuses on if the demands associated with a specific condition would cause an excessive demand for either health or social services.

Misrepresentation

Were you declared inadmissible to Canada because of misrepresentation? If yes, you are not the only one. Being found inadmissible to Canada due to misrepresentation is quite common and has become a serious immigration issue for immigration. In this type of refusal, an applicant is banned from filing an application to return to Canada for at most five years.

Types of Misrepresentation

Misrepresentation occurs when an inconsistent, inaccurate or incomplete information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA). It includes:

• Failing to declare that you have been refused a visa for another country
• Providing a fake or a non-genuine document
• Failing to mention a family member or spouse

• Declaring an employment experience which you do not have
• Obtaining permanent residence by engaging in a non-genuine marriage

You’ll be held responsible for a misrepresented information if it is provided (or omitted) by yourself or a family member, or a representative on your behalf.

Rehabilitation and Deemed Rehabilitated

Those foreign nationals who are declared criminally inadmissible to Canada may be eligible for a “Deemed Rehabilitation” status, in certain circumstances. After a criminally inadmissible individual has been given the status of deemed rehabilitated, his/her prior convictions can no longer distract his entry to Canada.

Rehabilitation and deemed rehabilitation is possible if a foreign national is convicted for a crime only a single time, that if, perpetrated in Canada, would result in an indictable offence with an imposable sentence of less than ten years. Also, the following requirements should be met:

• 10 years have passed since the completion of sentence, probationary period and fine.
• The individual has no other convictions that would constitute an indictable offence under Canadian law
• The applicant has no more than one summary offence on record.

If the applicant has been convicted outside of Canada for two or more acts that, if perpetrated in Canada, would find its equivalent in a summary offence, and the following requirements are met:

• 5 years have passed since the completion of sentence, probationary period and fines
• The individual has not been convicted in Canada in the last five years

Pardons

If an immigrant commits a crime in Canada, he/she becomes inadmissible. The only way to overcome this inadmissibility is a pardon appeal. Pardons in Canada are also known as record suspensions. They help set aside the criminal convictions from other criminal records. Record suspension does not completely erase a person’s criminal history but ensures that a record of the crime for which it is issued does not come up when searching Canada’s crime database.

In order to receive a record suspension for a crime committed in Canada, you must apply to the Parole Board of Canada (PBC). Though you cannot apply for at least 5 years after you have completed your sentence, in some case, a suspension can be applied after 10 years. Record suspensions remove any inadmissibility relating to convictions in Canada.

Removal Orders Authorization To Return

Departure, deportation and exclusion are the few orders through which a foreign national is asked to leave Canada. In order to return legally, they need to apply for an Authorization to Return to Canada i.e. ARC. This application request is a formal way of asking the Canadian government for granting you the permission to re-enter the country, despite being previously asked to leave.

ARC application is not a stand-alone application, this means it can’t be submitted alone and needs to be associated with another application. In case, the deported foreign national is from a visa-exempt country, he only needs to file an ARC application and not the other one.

• Departure order – If an individual receives a departure order, he/she must leave Canada within 30 days after verifying their departure time with an immigration officer.
• Exclusion order – Individuals who receive an exclusion order needs to wait at least 12 months from when they leave to apply for an authorization to return to Canada again.
• Deportation order – Those who receive a deportation order, or are issued a deportation after a departure order, they require filing an ARC to re-enter the country legally.

At TDOT Immigration, we are a trusted team of immigration consultants who are working hard and intelligently to represent and guide you, in case you are declared inadmissible to immigrate to Canada.