When attempting to immigrate to Canada a foreign national must be found admissible (legally permitted) to enter Canada and partake in the immigration program he or she is applying for. The sad reality is that not all foreign nationals are successful or fortunate enough to be deemed admissible. Fortunately, the Government of Canada has created an exemption to allow individuals to overcome inadmissibility.

The conditions for inadmissibility consist of the following:

Security 

This ground applies to both foreign nationals and permanent residents – an example is being found inadmissible based on evidence demonstrating that you have engaged or are engaging in terrorism. If your presence in Canada is deemed a security threat, the immigration officials may declare you inadmissible.

Human or International Rights Violations

This ground is also applicable to foreign nationals and permanent residents. An example is an individual found guilty of a war crime or crime against humanity such as genocide, homicide, and the likes.

Serious Crimes 

These grounds involve being denied entry into Canada for a crime or crimes in which you are convicted for a certain period. A person who has been charged or is being charged with severe crimes such as sexual assault and murder will be declared inadmissible. 

Organized Crime

Both foreigners and permanent residents can be found inadmissible under this specific ground, based on being a member of an organization that has conducted any criminal activity. Anyone identified by both Canada’s immigration and security authorities as a kidnapper, drug trafficker, money laundering, smuggling, and cybercrimes will be found inadmissible.

Health Grounds

Inadmissibility from this ground stems from having a medical or mental condition that could prove to be a danger to all those around you or may prove to be an excessive demand for social amenities and healthcare services.

Financial Grounds

An immigration official will find a foreign national inadmissible if they don’t have sufficient finances to support themselves or their accompanying family member(s) in Canada.

Misrepresentation

One of the inadmissibility grounds that has severe ramifications is inadmissibility based on misrepresentation. An example is lying about any particular fact on an immigration file or intentionally omitting a point on your immigration case that could affect your immigration application.

Non-compliance

Refusing to follow any policy, provision, or regulation imposed upon you by an immigration official is grounds for a removal order being actioned against you. An example is not leaving Canada when authorized to, or for permanent residents, not respecting your residency obligations.

Inadmissible Family Member

If you are immigrating to Canada with an inadmissible family member, by association, your immigration case will also be found inadmissible as you have applied together.

Overcoming Inadmissibility

In a scenario where you are, in fact, inadmissible, the question is, how can we possibly overcome this inadmissibility? While there are exceptions to all inadmissibility grounds, the following three immigration legislations could help you conquer your inadmissibility: 

Temporary Resident Permit, Criminal Rehabilitation, and Humanitarian and Compassionate Considerations.

Temporary Resident Permit

A temporary resident permit, otherwise known as a TRP, is a permit given to a foreign national by an immigration official to overcome inadmissibility. Usually, this would enable an inadmissible person’s temporary entry into Canada.

Criminal Rehabilitation

Depending on certain factors such as how long ago the crime was committed and your behaviour long after you completed the sentence, you could potentially receive legal authorization to enter Canada by a Canadian immigration official.

Humanitarian and Compassionate Considerations

Humanitarian and Compassionate Considerations, also known as H&C, is a pathway to permanent residency despite being found inadmissible under an inadmissibility ground. Applicants are obligated to prove to an immigration official that they would face enormous hardship if they were to return (deported) to their country of origin. The majority of these cases occur while the applicant is presently in Canada.

Although there are exemptions involved, success in achieving your Canadian dream proves to be difficult when inadmissible and requires proper preparation and proper guidance. 

We at E. Baka Immigration are prepared to fully represent you and use our expert knowledge to help you overcome your inadmissibility and continue your journey towards your Canadian dream. 

Please, do not take the risk of seeking entry into Canada without verifying your admissibility. To confirm your admissibility, kindly book a bronze consultation package with us.