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Inadmissibility

July 23, 2019BY Sunil Patel

Are you currently a Permanent Resident of Canada (not Canadian Citizen) or a Foreign National planning on visiting Canada, you may be impacted by Inadmissibility? If you think you may be inadmissible, contact us for professional opinion before submitting your visitor or permanent resident application.

Security Reasons

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national is or was engaged in any one of the following:

  • espionage
  • subversion (attempts to overthrow a government, etc.)
  • violence or terrorism, or
  • membership in an organization involved in any of these

Do you think you are impacted by this inadmissibility, contact us for guidance? We may be able to assist you.

Human or International rights violations

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national is or was engaged in any one of the following:

  • war crimes
  • crimes against humanity
  • being a senior official in a government engaged in gross human rights violations or subject to international sanctions

Do you think you are impacted by this inadmissibility, contact us for guidance? We may be able to assist you.

Criminality (Committed a crime including driving while under the influence of drugs or alcohol)

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national is or was engaged in any one of the following:

  1. Serious Criminality (applies to both PR and Foreign National)
  2. Criminality

Permanent residents who have committed a crime can lose their status and face deportation from Canada without any right of appeal.

Depending on the crime, how long ago it was committed, and how you have behaved since the conviction, you may still be allowed to come to Canada. Contact us for assistance and guidance.

  • Serious Criminality

    (applies to current Permanent Resident of Canada or a Foreign National who is a potential Visitor to Canada or an applicant for Permanent Residency). A permanent resident loses their permanent residence status and faces deportation from Canada if they become inadmissible on grounds of serious criminality. Depending on the circumstances, even people who came to Canada as refugees may be deported. A PR or a foreign national is inadmissible on the ground of serious criminality for:

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
  2. having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Examples include, but not limited to, are:

  1. The person is convicted in Canada of a crime with a possible sentence of 10 or more years imprisonment (no matter what sentence the person actually received). Examples of such crimes: Assault with a weapon/causing bodily harm, Trafficking in cocaine, heroin; Sexual assault; Uttering a forged document/credit card offences; Break and enter; Fraud/theft over $5,000.
  2. The person is convicted in Canada of a crime and sentenced to more than 6 months in prison (including any credit granted for pre-sentence custody).
  3. The person is convicted of, or has committed a crime, outside Canada with a possible sentence of 10 or more years imprisonment, if it had been committed in Canada (see a) above).
  • Criminality

A foreign national is inadmissible on grounds of criminality for

  1. having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
  2. having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
  3. committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
  4. committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Organized Criminality (Crime)

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national is or was engaged in any one of the following:

  • being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or
  • engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

Health Grounds (Medical Reasons)

A foreign national is inadmissible on health grounds if their health condition

  • is likely to be a danger to public health;
  • is likely to be a danger to public safety; or
  • might reasonably be expected to cause excessive demand on health or social services.

Financial Reasons

A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themselves or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

This is a common inadmissibility that people overlook. Contact us to find out minimum income cut-off or savings you require to overcome this inadmissibility.

Misrepresentation

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national is or was engaged in any one of the following:

  • for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  • for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
  • on a final determination to vacate a decision to allow their claim for refugee protection or application for protection;

This is the most common kind of inadmissibility an applicant can encounter as this includes providing false information or withholding information. It is strongly advised to go through your application and double check all details before an application is submitted. Hiring a professional who is trained to spot errors and complete your application is strongly advised. Contact us for details or to complete your application(s).

Failure to comply with any provisions of Immigration Refugee Protection Act (IRPA)

A current Permanent Resident of Canada or a foreign national who is applying for visitor’s visa, work permit, study permit, or permanent residency may be inadmissible if a permanent resident or foreign national does not comply with IRPA. Hiring a professional or seeking help when you have any doubts will definitely help.

Contact us if you have any questions about IRPA and associated provisions. 

Having an Inadmissible family member

A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

  • their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or
  • they are an accompanying family member of an inadmissible person

Do you think you may be impacted by this inadmissibility, contact us for guidance? We may be able to assist you.

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