If you are traveling to Canada, you will need to be deemed admissible by the Immigration, Refugees, and Citizenship Canada (IRCC) or the Canadian Border Service Agency (CBSA) in order to enter.
Inadmissibility means that you are denied entry to Canada. Inadmissibility can be for many reasons.
What are the Different Grounds for Inadmissibility?
If you are inadmissible to Canada, it depends on the various reasons and conditions that are grouped under different grounds for inadmissibility such as the following:
Medical Inadmissibility: Medical Inadmissibility means that you have a medical condition that may pose a danger to public health and safety or put excessive demand on Canadian healthcare services.
Financial Inadmissibility: Financial inadmissibility happens when you are unable to demonstrate enough financial resources to support yourself or your family during your stay in Canada.
Inadmissible Because of Misrepresentation: Misrepresentation is when you are deemed inadmissible to Canada for providing inaccurate, or/and inconsistent, or/and incorrect information to the IRCC or the CBSA. You can be barred from entering Canada for 5 years if you are discovered misrepresenting.
Inadmissible Family Member: An inadmissible family member could make you inadmissible, whether accompanying or non-accompanying. The Immigration and Refugee Protection Act (IRPA) sets out different rules of inadmissibility for temporary and permanent residents.
Non-Compliance with Canadian Laws and Regulations: Non-compliance with the laws and regulations set in the IRPA will make you inadmissible to Canada. If you are found inadmissible, then you will be issued a removal order.
Serious Criminality and Criminality: You could be inadmissible for Serious Criminality and Criminality. The nature, the severity, the length of sentencing and the time elapsed after the sentencing would decide the type of criminality.
Inadmissibility for Organized Criminality: If you are linked to an organization that is involved in organized crime, then you will be deemed inadmissible for Organized Criminality.
Inadmissibility on Security Grounds: You can be found inadmissible to Canada on Security Grounds if you are engaging in espionage, subversion, terrorism, or pose a risk to public safety. You lose the right to appeal to the Immigration Appeal Division (IAD) if you are inadmissible for security reasons.
Human or International Rights Violations: You can be inadmissible to Canada if you are guilty of violating human or international rights. There is no permanent way to overcome this inadmissibility.
How to Overcome Inadmissibility?
There are different options available to overcoming inadmissibility:
Temporary Resident Permit: A temporary residence permit (TRP) authorizes you to enter Canada if you are otherwise inadmissible. A TRP helps you overcome medical or criminal inadmissibility. You must have a justified reason to enter Canada that outweighs the risk of allowing you to enter the country.
A TRP can be issued for multiple or single entries. You must follow the conditions specified in your TRP.
Rehabilitation Application: If you are inadmissible to Canada on the grounds of Serious Criminality or Criminality, then you can apply for rehabilitation. The Criminal Rehabilitation application essentially clears your criminal inadmissibility. It is of 2 types: deemed rehabilitation and individual rehabilitation.
Ministerial Relief: You could apply for ministerial relief if you are inadmissible for security grounds, human and international rights violations, and organized criminality. Ministerial Relief is basically requesting the Minister of Public Safety and Emergency Preparedness to give you relief from inadmissibility.
What are the Conditions of Returning to Canada in the Future After Being Inadmissible?
In most cases, inadmissibility leads to a removal order. A removal order is of 3 types: a departure order, an exclusion order, or a deportation order.
If you are issued a removal order, then you could appeal this decision to the Immigration Appeal Division (IAD).
However, if your appeal is rejected, you will need to apply for an Authorization to Return to Canada (ARC) if you want to return to Canada in the future.
In another situation, if you fail to comply with the conditions of your departure or exclusion order, you will need an ARC to return to Canada in the future.
However, an ARC is required in all cases of a deportation order.
