Inadmissibility to Canada
What does Inadmissibility in Canada mean?
Inadmissibility is when an individual is denied entry into Canada by the Canadian Immigration authorities.
What are some reasons for inadmissibility?
There are multiple reasons why an individual can be denied entry into Canada and is rendered ‘inadmissible’. Here are some of the reasons:
- Criminality: Anybody who have committed or convicted for a criminal offence.
- Security concerns: Anybody who is regarded as a security threat to Canada
- Health issues: Anybody who has a contagious disease that poses a health risk to the general public.
- Financial reasons: Anybody who doesn’t have the financial resources to support themselves or their family members.
- Misrepresentation: Anybody who provides false information to obtain a visa
What are the consequences of inadmissibilty?
Any individual who is deemed as ‘inadmissible’ is not allowed to enter the country and may be deported if he/she tries to enter. Inadmissibility will affect an individuals ability to obtain a visa or immigrate to Canada.
How to overcome inadmissibility in Canada?
This is what you can do to overcome inadmissibility:
Deemed Rehabilitation: it means that enough time has passed since you were criminally convicted which may no longer be the reason to stop you from entering Canada. It depends upon the crime, if sufficient time has passed after you have served the sentence or if you have committed more than one crime. In all cases, you can be deemed rehabilitated if the crime you were convicted for in your country has a punishment of less than 10 years if you committed the same crime in Canada.
Individual Rehabilitation: You have to prove to the Immigration officer that you are not likely to commit any crimes in the future. you need to show that you meet the criteria. More than 5 years have passed since you served your sentence and committed the crime.
Record Suspension or discharge: If you were convicted in Canada, you can apply for a record suspension. If you are successful at getting your record suspended, you are no longer inadmissible to Canada. If you were convicted outside of Canada and you receive a record suspension, you need to check with the visa office located in the country where you committed the crime.
How long does Inadmissibilty last in Canada ?
- If you were convicted of an offence committed outside of Canada that, if committed in Canada, would imprison you for less than 10 years:
You will be deemed rehabilitated: after 10 years of serving the sentence imposed
you will be eligible to apply for rehabilitation: after 5 years of serving the sentence.
2. If you committed a crime outside of Canada that, if committed in Canada, would imprison you for less than 10 years:
you will be deemed rehabilitated: after 5 years of committing the crime
you can apply for rehabilitation: after 10 years of committing the crime
3. If you were convicted of an offence committed outside of Canada that, if committed in Canada, would imprison you for 10 years or more:
You can not be deemed rehabilitated
You can apply for rehabilitation: after 5 years of serving the sentence
4. If you were convicted for 2 or more offences outside of Canada, if committed in Canada:
You cannot apply for rehabilitation
you will be deemed rehabilitated: at least 5 years after the penalties were served or are about to be served
Can a temporary resident permit be issued to individuals who are inadmissible to Canada?
A Temporary Resident Visa (TRV) is granted if it has been less than five years since you served the sentence and you have a valid reason to enter Canada. If you meet these requirements you might be granted a TRV despite being inadmissible. Canadian Immigration authorities will evaluate the risks of allowing you to enter Canada and will make the decision accordingly.