Inadmissibility Grounds in Canadian Immigration: What You Need to Know

What Is Inadmissibility in Canadian Immigration?

Under Canada's Immigration and Refugee Protection Act (IRPA), foreign nationals and even some permanent residents can be found inadmissible to Canada on various grounds. Inadmissibility means that you are not permitted to enter Canada or that you may lose your immigration status in Canada. The grounds for inadmissibility are outlined in sections 34 through 42 of IRPA and cover a wide range of issues including security, human or international rights violations, criminality, organized criminality, health, financial reasons, misrepresentation, and non-compliance with the Act.

Understanding inadmissibility is critical for anyone planning to visit, work, study, or immigrate to Canada. Being found inadmissible can derail immigration plans, result in removal from Canada, and create long-term barriers to entry. However, Canadian immigration law also provides mechanisms to overcome certain grounds of inadmissibility. Knowing your options is the first step toward resolving inadmissibility issues. For a general overview of Canadian immigration, see our Express Entry comprehensive guide.

Criminal Inadmissibility

Criminal inadmissibility is the most common ground that affects travellers and immigration applicants. Under IRPA, a foreign national may be inadmissible if they have been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under a Canadian federal Act punishable by a maximum term of imprisonment of at least 10 years (serious criminality), or any offence under a Canadian federal Act (criminality). This means that even offences that are relatively minor in your home country can make you inadmissible to Canada if they correspond to criminal offences under Canadian law.

DUI and Criminal Inadmissibility

One of the most commonly encountered criminal inadmissibility issues involves driving under the influence (DUI) convictions. In Canada, impaired driving is a serious criminal offence that can carry significant penalties. A DUI conviction in the United States or another country can render you inadmissible to Canada. This surprises many travellers who do not realize that what may be treated as a misdemeanor in the US is treated as a potentially serious offence in Canada. The Canadian government has strengthened impaired driving laws in recent years, further increasing the inadmissibility implications for those with DUI convictions.

Medical Inadmissibility

Foreign nationals may be found inadmissible on medical grounds if their health condition is likely to be a danger to public health, is likely to be a danger to public safety, or might reasonably be expected to cause excessive demand on Canadian health or social services. The immigration medical examination, conducted by a designated panel physician, is used to assess medical admissibility. Conditions such as active tuberculosis or untreated syphilis may be considered a danger to public health. Certain mental health conditions that are associated with violent behaviour may be considered a danger to public safety.

Excessive Demand

The excessive demand provision applies when an applicant's health condition would likely require health or social services that would add to existing wait lists or cost more than the average Canadian per capita health expenditure over a defined period (currently five to ten years). However, certain applicants are exempt from the excessive demand assessment, including refugees, protected persons, and certain family class applicants (such as sponsored spouses, common-law partners, and dependent children). The excessive demand threshold is updated periodically by IRCC.

Financial Inadmissibility

A foreign national may be inadmissible on financial grounds if they are unable or unwilling to support themselves and their family members in Canada. This applies primarily to visitors who cannot demonstrate that they have sufficient funds for their stay and a plan to return to their home country. For permanent residence applicants, certain programs require proof of settlement funds. Express Entry applicants under the Federal Skilled Worker Program, for example, must demonstrate that they have enough money to support themselves and their family upon arrival, unless they have a valid job offer. The required amounts are updated annually and published on the IRCC proof of funds page.

Misrepresentation

Misrepresentation is one of the most serious grounds for inadmissibility in Canadian immigration. Under section 40 of IRPA, a foreign national is inadmissible if they directly or indirectly misrepresent or withhold material facts related to a relevant matter that induces or could induce an error in the administration of the Act. This includes providing false information on an application, submitting fraudulent documents, failing to disclose relevant information (such as a criminal record or previous immigration refusals), and using someone else's identity or documents.

Consequences of Misrepresentation

If you are found to have committed misrepresentation, you will be issued a misrepresentation finding that carries a five-year ban from applying for any immigration benefit in Canada. During this five-year period, you cannot apply for a visa, permit, or permanent residence. If you are already in Canada as a permanent resident, a misrepresentation finding can result in the revocation of your permanent resident status and removal from Canada. The consequences are severe and long-lasting. Always be completely honest and accurate in your immigration applications. For more on navigating the application process carefully, see our Provincial Nominee Program guide.

Security Inadmissibility

Security inadmissibility applies to individuals who are believed to be a threat to Canada's national security. Under section 34 of IRPA, a foreign national may be inadmissible on security grounds if they have engaged in espionage, subversion, terrorism, or are a member of an organization that has engaged in such activities. Security inadmissibility assessments are conducted by the Canadian Security Intelligence Service (CSIS) and the CBSA. These cases are complex and often involve classified information that may not be fully disclosed to the applicant.

Human or International Rights Violations

Under section 35 of IRPA, foreign nationals who have committed or been complicit in war crimes, crimes against humanity, or genocide are inadmissible. This provision also applies to senior officials of governments engaged in terrorism or systematic or gross human rights violations. Canada takes these grounds very seriously, and there is no mechanism to overcome inadmissibility on these grounds through a TRP or criminal rehabilitation.

How to Overcome Criminal Inadmissibility

Criminal Rehabilitation

If you have been convicted of a criminal offence outside Canada that makes you inadmissible, you may be able to apply for criminal rehabilitation once at least five years have passed since the completion of your sentence (including any fines, probation, or imprisonment). Criminal rehabilitation is a permanent solution: once approved, you are no longer inadmissible on the basis of that conviction. The application requires detailed documentation of the offence, the sentence, evidence of rehabilitation, and payment of a processing fee. Processing times can be lengthy, often exceeding 12 months.

Deemed Rehabilitation

In some cases, you may be deemed rehabilitated by the passage of time. If at least 10 years have passed since the completion of your sentence, and you were convicted of an offence that would be equivalent to an offence in Canada punishable by a maximum of less than 10 years imprisonment, and you committed only one offence, you may be deemed rehabilitated without needing to apply. However, this is not automatic and may need to be confirmed at the border or through an application.

Record Suspension (Pardon)

If your criminal conviction was in Canada, you may apply for a record suspension (formerly called a pardon) through the Parole Board of Canada. A record suspension separates your criminal record from other records, which can help resolve inadmissibility issues. Note that a record suspension does not erase your conviction but makes it inaccessible for most purposes.

Temporary Resident Permit (TRP)

A Temporary Resident Permit is a document that allows an inadmissible person to enter or remain in Canada for a specific period. A TRP can be issued for any ground of inadmissibility, but the applicant must demonstrate that their need to enter or remain in Canada outweighs the health or safety risks to Canadian society. TRPs are discretionary and are not guaranteed. They can be issued at a port of entry or through an advance application to an IRCC office. The fee for a TRP application is $200 CAD. TRPs are typically issued for a specific period and specific purpose, such as attending a business meeting, visiting a family member, or seeking medical treatment.

Authorization to Return to Canada (ARC)

If you have been deported or removed from Canada and wish to return, you must obtain an Authorization to Return to Canada before you can re-enter. The ARC is required in addition to any other immigration documents you may need (such as a visa or eTA). The application for an ARC requires you to explain why you were removed, why you want to return, and how your circumstances have changed. The processing fee for an ARC is $400 CAD. Processing times vary depending on the complexity of the case and the location of the processing office.

Practical Steps If You Are Inadmissible

If you believe you may be inadmissible to Canada, the most important step is to seek professional legal advice. An immigration lawyer or a regulated Canadian immigration consultant (RCIC) can assess your situation, advise you on your options, and help you prepare the necessary applications. Do not attempt to enter Canada without addressing your inadmissibility, as being refused at the border creates additional immigration records that can complicate future applications. For more on preparing your immigration journey, see our travel document guide for new immigrants.

Gathering Documentation

Whatever remedy you pursue, thorough documentation is essential. For criminal inadmissibility, obtain certified copies of court records, police certificates from every country where you have lived, and evidence of sentence completion. For medical inadmissibility, work with designated panel physicians and obtain comprehensive medical reports. For misrepresentation, gather evidence that demonstrates any misrepresentation was unintentional if that is the case. The strength of your documentation can significantly affect the outcome of your application.

Inadmissibility and Permanent Residents

It is important to understand that permanent residents of Canada can also be found inadmissible and lose their status. While permanent residents cannot be found inadmissible on financial grounds, they can be found inadmissible on grounds of serious criminality (convicted of an offence punishable by a maximum of at least 10 years or sentenced to more than six months imprisonment), security, human or international rights violations, organized criminality, and misrepresentation. If a permanent resident is found inadmissible, they may face a removal order and deportation from Canada. The right to appeal a removal order depends on the specific ground of inadmissibility and the seriousness of the case. For guidance on maintaining your status, explore our guide to settlement services for newcomers.

Final Thoughts on Inadmissibility in Canadian Immigration

Inadmissibility is a complex area of Canadian immigration law that can have significant consequences for your ability to visit, work, study, or live in Canada. Whether the issue is a criminal conviction, a medical condition, financial concerns, misrepresentation, or a security-related matter, understanding the grounds for inadmissibility and the available remedies is essential. The key takeaways are: be honest in all immigration applications, seek professional legal advice if you have any concerns about your admissibility, and pursue permanent solutions such as criminal rehabilitation whenever possible rather than relying solely on temporary measures like TRPs. With the right approach and proper documentation, many inadmissibility issues can be resolved, allowing you to move forward with your Canadian immigration goals.

WelcomeAide is here to help you navigate even the most complex aspects of Canadian immigration. Use our AI Newcomer Navigator for instant, personalized guidance on admissibility and immigration challenges. Explore our blog for more immigration guides and newcomer resources, learn about our mission, or discover how to get involved in supporting newcomer communities across Canada.