Inadmissibility is a very important concept when it comes to immigration in Canada because you may not be able to enter Canada if you are inadmissible. I would like to briefly explain what it is so that you don’t get surprise when you cross the border. This is a very big idea to cover in one article, so there will be 2 articles about inadmissibility!
What is inadmissibility?
In general, people who enter to Canada must be admissible, which means that you need to demonstrate that you do not cause any trouble or danger to the public. This is because Canada wants to keep Canada a safe country and protect its people from danger or risk, so Canada has 11 inadmissibility grounds. Yes, Canada use these grounds to filter those who enters Canada to keep Canada a safe country. If you have issues with any of these grounds, you will likely have difficulties to come to Canada, so inadmissibility is very important for anyone who wants to come to Canada regardless of activities.
What are grounds for inadmissibility?
- Security
Any acts that are against the safety and security of Canada and its citizens such as spying and terrorism are considered inadmissibility due to security ground. [Immigration and Refugee Protection Act (IRPA) Section 34]
- Human or International Rights Violation
Offences that violate human rights such as murder, being a member of an organization or government that participates in activities against human rights such as genocide and war crime are considered inadmissibility due to human or international rights violation. [IRPA Section 35]
- Serious Criminality
A person who has been convicted of an offence that is 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 6 months in Canada or equivalent offence outside Canada is considered inadmissible due to serious criminality. Please note that impaired driving offences will be considered serious crimes in Canada, as the maximum penalties for most impaired driving offences will increase 10 years from 5 years. [IRPA Section 36(1)]
- Criminality
A person who has been convicted with an offence that is punishable by way of indictment or of two offences under an Act of Parliament in Canada, or equivalent in Canada if convicted outside Canada is considered due to criminality. [IRPA Section 36(2)]
- Organized Criminality
A person who is a member of an organization that engages in criminal activities or pattern and/or criminal activities is inadmissible due to organized criminality. Typical examples of criminal activities are human trafficking, smuggling people or drugs, or producing counterfeit money and/or products. [IRPA Section 37]
- Health Grounds
A person who likely cause danger to public health and/or safety or excessive demand on health/social care is considered inadmissible due to health ground. So, people who have a disease that can be easily transmitted to other people are not allowed to enter. Also, people who have a serious disease or condition that requires health or social assistant. Excessive demand means that a cost of health/social assistance is over $19,812 per year. [IRPA Section 38(1)] This grounds only applies to temporary residents, which means that you do not become inadmissible due to health grounds once you obtain permanent residency in Canada.
- Financial Reasons
A person who is unable to or unwilling to financially support themselves and/or any other person who is depend on him/her is inadmissible due to financial reasons. What this means is that you need to prove that you have enough money or arrangement to support yourself and your dependents while you are in Canada. Like health grounds, this only applies to temporary residents.
- Misrepresentation
A person who directly or indirectly provides inaccurate and/or false information or withholds material facts that could lead an error in admission is considered inadmissible due to misrepresentation. [IRPA Section 39)This is actually very important because you are responsible to provide truthful information and provide all relevant evidence and documents if the immigration requests. [IRPA Section 16(1)] Failing to do so can result 5-year ban from entering Canada.This includes updating information as well, make sure to answer all questions truthfully and accurately!
- Cessation of Refugee Protection
Refugee claimants loses their protection when 1) they voluntarily use protection from their own country, 2) they voluntarily regain their nationality, 3) they voluntarily obtain nationality from a country other than Canada or their country of origin and enjoy the protection from the country, 4) they reestablished themselves in a country they flee from 5) and the reason they claimed refugee protection is no longer applicable. In these cases, refugee claimants who are temporary residents or permanent resident become inadmissible due to cessation of refugee protection.
- Failure to Comply with the Act
A person who do not follow Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR) is considered inadmissible due to failure to comply with the Act. This basically means that you need to follow the law if you want to stay in Canada, which implies that you need to know your legal obligations. For example, though there are some exemptions, permanent residents are generally required to be in Canada physically at least 730 days (2 years) for every 5 year period [IRPA Section 28(2)(a)].
- Inadmissible Family Member
If your family member is inadmissible for security, human or international rights violations, and organized criminality whether or not your family comes to Canada with you, you also become inadmissible as a temporary resident.
Conclusion
In order to come to Canada, you need to be admissible. In other words, you need to be a “good” person who does not cause any harm or danger to the public. Immigration and Refugees, Citizenship Canada (IRCC) will carefully look at your background, specifically 11 aspects of your profile, and decide you can come to Canada. If you ever doubt you have a doubt that you may be inadmissible, talk to a professional and ask for advice!
