Foreign nationals seeking to enter or re-enter Canada may be deemed inadmissible to enter/stay. In this Article we touch upon what it means to be inadmissible, the reasons for this and the options to overcome inadmissibility.
What Does it Mean to Be Inadmissible?
Individuals who are not allowed to enter Canada under Canadian Immigration Law are called “inadmissible”.
When is admissibility assessed?
A Canadian immigration officer will decide whether you can enter Canada when you
- Apply for a visa;
- Apply for an Electronic Travel Authorization (eTA); or
- When you arrive at a port of entry.
Why you could be found inadmissible?
You could be found inadmissible for several reasons, such as:
● Security Reasons such as espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism, and membership in an organization involved in any of these.
● Human or International Rights Violations such as war crimes, crimes against humanity, being a senior official in a government engaged in gross human rights violations or subject to international sanctions
● Medical Reasons such as endangering public health, endangering public safety, and causing an excessive demand for health or social services.
● Committing a Crime such as driving while under the influence of drugs or alcohol and participating in organized crime.
● Financial Reasons such as inability, or unwillingness to support yourself and your family members.
● Having an inadmissible family member.
● Misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
● Failure to comply with any provision of IRPA. Examples of which include:
● temporary residents who don’t respect the conditions of their stay—for
example, they stay longer than allowed, or work or study without the proper
permits.
● permanent residents who haven’t lived in Canada for the required amount of
time.
● people who have previously been deported and try to enter Canada without
written authorization (In some cases you may need an Authorization to return
to Canada (ARC) in order to be admitted to Canada.)
If you have concerns that you may be found inadmissible or have already been told that one of the above categories applies to you, you can learn more by reading “What to do if you are inadmissible”.
We invite you to speak to our team here at Baghbani Law by contacting 905.237.7721 or scheduling a call to learn more about your options of overcoming inadmissibility.