by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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Understanding Canada Inadmissibility and How to Resolve It
If you have been told you are facing Canada inadmissibility or that you are inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA), you still have options. This guide explains the most common grounds of inadmissibility, what they mean, and practical steps to address them so you can visit, study, work, or immigrate to Canada.
What Does Canada Inadmissibility Mean Under IRPA
Inadmissibility is a legal finding that prevents a foreign national from entering or remaining in Canada. Findings arise for reasons such as criminality, medical issues, security concerns, misrepresentation, financial reasons, non-compliance, or human rights violations.
Common Grounds of Being Inadmissible to Canada
Criminality and Serious Criminality
Foreign convictions and some Canadian charges or convictions can trigger inadmissibility.
Medical Inadmissibility and Excessive Demand
Applicants may be refused if a health condition is likely to be a danger to public health or safety, or could cause excessive demand on health or social services.
Misrepresentation
Direct or indirect false statements, omissions, or the use of fraudulent documents can result in a refusal and a five-year bar on applications.
Security, Human or International Rights Violations, Organized crime
These serious grounds include espionage, terrorism, participation in crimes against humanity, or membership in criminal organizations.
Financial Reasons and Non-Compliance
Applicants may be inadmissible for failing to meet financial support requirements or breaching immigration conditions.
Legal Pathways to Overcome Canada Inadmissibility
- Temporary Resident Permit (TRP): Allows entry for a set period despite inadmissibility when the need to enter outweighs the risk.
- Criminal Rehabilitation: A permanent solution for certain criminality once eligibility timelines are met.
- Deemed Rehabilitation: Available for some offences after enough time has passed and all conditions were satisfied.
- Authorization to Return to Canada (ARC): Required after certain removal orders.
- Mitigation plans for medical inadmissibility: Submitting a detailed plan addressing cost thresholds and care pathways can be persuasive.
- Procedural Fairness responses: Strong legal submissions can address a fairness letter before a refusal is issued.
- Appeals and judicial review: Certain refusals and removal orders can be appealed to the Immigration Appeal Division or reviewed by the Federal Court.
How a Lawyer Helps with an Inadmissibility Case
An experienced immigration lawyer can pinpoint the true ground of inadmissibility, assemble the correct evidence, prepare affidavits, and draft persuasive submissions that align with current IRCC guidance and case law. For many clients, early strategy shortens processing and avoids repeat refusals.
Ready to discuss your situation now? Book a consultation today with Cristina Zohil-Morton and the team at Zohil-Morton Law. At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.
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This article is for informational purposes only and does not constitute legal advice. Please consult a licensed immigration professional regarding your specific situation.
Frequently Asked Questions About Canada Inadmissibility
What is Canada Inadmissibility?
It is a legal finding under IRPA that prevents a person from entering or remaining in Canada due to specific grounds such as criminality, medical issues, security, misrepresentation, financial reasons, or non-compliance.
Is a DUI Inadmissible for Canada?
Impaired driving can trigger criminal inadmissibility. Depending on the date and disposition, options may include a TRP for temporary entry or Criminal Rehabilitation for a permanent solution.
What is the Difference Between a TRP and Criminal Rehabilitation?
A TRP is discretionary and temporary. Criminal Rehabilitation, once approved, resolves the criminal inadmissibility for the relevant offences. Eligibility depends on the offence, sentence completion date, and time elapsed.
What is Deemed Rehabilitation?
In limited cases, a person may be considered rehabilitated by the passage of time if all conditions were met and no further offences occurred. Border officers still confirm admissibility at entry.
How do I Respond to a Procedural Fairness Letter?
Provide a complete, timely response with evidence, legal analysis, and explanations that directly address the officer’s concerns. A lawyer can help structure an effective submission.
How is Medical Inadmissibility Assessed?
IRCC considers danger to public health or safety and excessive demand on services. A tailored mitigation plan with specialist input can be decisive.
Can Misrepresentation Lead to a Five-Year Bar?
Yes. Intent is not always required. If misrepresentation is found, you may be inadmissible for five years. You can seek legal advice on possible remedies.
What if I Received a Removal Order?
Some removal orders allow appeals to the Immigration Appeal Division. In certain cases, you may need an Authorisation to Return to Canada in the future.
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