Uncategorized

What can make an individual inadmissible to Canada?

When a person is found inadmissible to Canada it means that the immigration officer reviewing your application believes there is a reason why you should not be in Canada. If you are found inadmissible, it means you are unable to visit, work or study in Canada, and if you are already in Canada you may have to leave Canada immediately.

What are the grounds of inadmissibility?

Source Sections of the Immigration and Refugee Protection Act (IRPA)Who can be found inadmissible?

Permanent   Residents




Foreign 
Nationals  
ReasoningExamples
Section 34✔️✔️Security GroundsEngaging in terrorism
Section 35✔️✔️Human or International Rights ViolationsBeing a senior member of a government that has engaged in a genocide
Section 36(1)✔️✔️Serious CriminalityBeing convicted of an offence in Canada for which the term of imprisonment is greater than 6 months
Section 36(2) ✔️CriminalityBeing convicted of two offences in Canada not arising out of a single occurrence
Section 37✔️✔️Organized CriminalityEngaging in human trafficking
Section 38 ✔️Health GroundsCould reasonably cause excessive demand on the Canadian health care system
Section 39 ✔️Financial ReasonsUnwilling or unable to support oneself
Section 40✔️✔️Misrepresentation“Directly or indirectly misrepresenting or withholding material facts”
Section 41✔️✔️Non-Compliance with the IRPAA permanent resident not meeting the residency obligations with respect to every five-year period
Section 42 ✔️Family Member is inadmissibleTheir accompanying (or non-accompanying family member in some situations) is an inadmissible person.

What can you do if you are found to be inadmissible?

There are a few options depending on your situation of ways you may be able to overcome being found inadmissible such as taking your case to the Immigration Division for a hearing, appealing the decision at the Immigration Appeal Division, applying for a Judicial review, or requesting a Temporary Resident Permit.

The options are unique to your matter so it’s important to reach out to a legal representative to guide you through the process. If you are found to be inadmissible, it can have long-term repercussions. It is therefore important to deal with being found inadmissible as it could impact your ability to not only enter Canada but other countries as well. For example, when applying for a temporary work permit a common question asked is “Have you been denied entry into any other country?” Hire a representative to support you through the process and successfully gain access to Canada and all that this country has to offer.

Disclaimer: The contents of this blog post were accurate at the time of publication. Changes in circumstances after the time of publication may impact the accuracy of the information provided above. This blog post is not updated on a regular basis.

Written by Rebecca B. Tripp.

Originally Posted on October 4, 2021

© Copyright The Immigration and Paralegal Law Office of Rebecca B. Tripp. All Rights Reserved.