If you’re thinking about visiting Canada, it’s critical to know what could prevent you from entering the nation. There are several grounds for a person to be declared ineligible for entry into Canada, and the country has tight immigration regulations. People lose their right to enter or remain in Canada if they are denied entry for a certain cause that is prohibited under Canadian immigration law. Highly recommend consulting with an immigration lawyer in Vaughan for personalized legal advice and support regarding your immigration matters.
One of the most specific things a Canadian immigration officer looks at before issuing a visa is admissibility. A foreign national may be denied entry into Canada for several reasons. It may be the result of prior criminal accusations or convictions, prior immigration fraud, security concerns, medical inadmissibility, or financial limitations. Fortunately, there are legal safeguards against being denied entry into Canada. If you’re in Halifax and in need of expert guidance on immigration issues, consider reaching out to reputable immigration lawyers in Halifax for professional assistance.
Here is a complete guide to inadmissibility to Canada:
Criminality
If someone has committed a serious or minor crime in Canada or abroad and been found guilty, they may not be allowed to enter the nation again. Therefore, if someone wants to go to or immigrate to Canada, they must be aware of the possibility of becoming inadmissible owing to criminal activity or background.
Among the main offenses that might result in criminal inadmissibility include driving while under the influence of drugs, money laundering, manslaughter, drug trafficking, and people smuggling.
Immigration Misrepresentation
According to Canadian Immigration Law, sending fictitious documents, giving misleading information, and concealing crucial information are all deemed fraudulent practices. Any of these actions could result in a person losing their right to enter Canada. Application rejections, permanent resident status denials, five-year entry bans, deportations from Canada, and prosecution following the revocation of Canadian citizenship are all consequences of misrepresentation.
Security
You can be declared inadmissible if your past involvement in organized crime, terrorism, or espionage raises concerns about your potential security risk to Canada. This indicates that they would not be allowed to enter Canada without a visa. To ensure the safety and security of its inhabitants and communities, the Canadian government takes these issues very seriously.
An individual’s background is usually reviewed for any red flags indicating involvement in organized crime, terrorism, or espionage when they apply for a visa or try to enter Canada. This includes intelligence reports, criminal history checks, and other security protocols.
Health
You could not be allowed to enter if your medical condition is regarded to be a risk to the public’s health or safety. This includes infectious illnesses that may be dangerous for residents of Canada.
The idea behind medical condition-based inadmissibility is to safeguard public health and safety. It entails determining the risk that infectious illnesses pose and taking the appropriate steps to stop them from spreading within a nation’s borders. It’s crucial for anyone going or relocating to follow these rules and to fulfill any requirements for medical screening or examinations.
Financial Reasons
You may not be admitted if you cannot prove that you have enough money to maintain yourself while in Canada or if you have a history of financial mismanagement.
Having a history of financial mismanagement or not being able to demonstrate that you have enough money to maintain yourself while in Canada may raise suspicions during the immigration process. Immigration officers aim to make sure that those entering the nation can sustain themselves and won’t end up as a drain on social services. When applying for a Canadian visa or permit, you must take great care and include all required supporting evidence to show your financial stability.
Non-Compliance
You can be deemed inadmissible if you have broken immigration laws in the past or if you were deported from Canada or another nation. One’s future ability to travel or immigrate to another country may be severely impacted if they have a history of non-compliance or deportation. When evaluating new applications, immigration authorities in the majority of nations thoroughly examine an applicant’s prior immigration history.
People should be informed of and abide by the immigration rules of the nations they are visiting or want to relocate to, as breaking these laws can have dire and permanent repercussions.
Family Member
You could not be allowed access if you are going with an ineligible person. Someone who is traveling with an inadmissible person may not be allowed entrance into a country because of their relationship with the inadmissible person. This is to stop individuals from evading immigration restrictions by going on trips with undocumented individuals. The significance of comprehending immigration regulations and the possible repercussions for groups traveling together is emphasized.
Reckless Driving
Reckless driving convictions in the US are sometimes compared to DUI convictions and have the same admissibility consequences, which could result in a rejection of entrance into Canada.
An additional comparable violation that renders a person ineligible is reckless driving. Whether or not a person intends to drive while in Canada, committing any significant driving offense could make it more difficult for them to enter the nation.
Two Ways To Exclude Inadmissibility
There are two methods for getting past Canada’s inadmissibility rules. These are to submit an application for a Temporary Resident Permit and to ask for a compassionate and humanitarian exemption. The distinction is in the intention of the inadmissible individual to either immigrate to Canada or come for a brief visit.
Apply For Temporary Resident Permit (TRP, IRPA, s. 24)
- A temporary resident permit (TRP) can be applied for by those who are not eligible to enter Canada under the Immigration and Refugee Protection Act (IRPA). An inadmissible individual may temporarily enter or remain in Canada if a TRP is approved. Canada TRP is an extraordinary discretionary measure that can only be awarded if it is warranted under the circumstances. TRPs can be single-entry or multiple-entry, and their validity ranges from one day to three years.
Request For Humanitarian & Compassionate Consideration (H&C, IRPA, s. 25)
A foreign national may apply for an exemption on humanitarian and compassionate grounds if their application for permanent residence was denied owing to inadmissibility.
Relevant H&C criteria include, but are not limited to:
- Establishment in Canada.
- Ties to Canada.
- The best interests of a child are directly affected by the H&C decision.
- Factors in a country of origin (adverse country conditions).
- Health considerations include the inability of a country to provide medical treatment.
- Family violence considerations;
- Consequences of the separation of relatives.
- The inability to leave Canada has led to the establishment.
- Ability to establish in Canada.
- Any unique circumstances.
Anyone contemplating a trip to Canada must be aware of the causes of inadmissibility as well as the procedures for overcoming it. It is advised that you consult with an immigration lawyer or consultant if you think you might not be allowed to enter the country. They can help you make the best possible case for entrance and guide you through the application process.
