Inadmissibility in Canadian Immigration
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach supports businesses, families, and professionals in Canada and the U.S. Inadmissibility is a frequent issue that impacts those seeking to live, study, visit, or work in Canada. This blog post will consider the reasons why a person may be found inadmissible to Canada.
What does Inadmissibility Mean?
Inadmissibility means a person has been found to be inadmissible - they are barred from entering Canada, or they are required to leave Canada.
Sometimes this happens when a person applies for and is denied a visa or an eTA before they travel to Canada. Americans are visa exempt, so they often become aware that they are inadmissible when they try to enter Canada at a port of entry, like the Ambassador Bridge, Pearson Airport, or the Detroit-Windsor Tunnel.
If a person is already in Canada and something happens that makes them inadmissible, they can be removed from the country. In the case of permanent residents, they can lose their permanent resident status.
Reasons for Inadmissibility
A Canadian immigration officer may find a person to be inadmissible for several reasons, such as:
Security reasons;
Human or international rights violations;
Committing a crime;
Involvement in organized crime;
Health and medical grounds;
Financial reasons;
Misrepresentation;
Non-compliance with the Immigration and Refugee Protection Act (IRPA);
Having an inadmissible family member.
Some of these reasons are not too surprising. For example, you could be inadmissible to Canada because you pose a security risk to the country. This would include people who have been involved with espionage, attempts to overthrow a government, violence or terrorism, or membership in an organization involved in any of these security threats. Court decisions have determined that “membership” in one of these organizations just means belonging to an organization. Informal participation or support for an organization may be enough - actual or formal membership is not required.
You could also be inadmissible to Canada for human or international rights violations. This includes war crimes, crimes against humanity, or being a senior official in a government engaged in gross human rights violations or countries subject to international sanctions.
Another reason for inadmissibility is involvement in organized crime, including membership in an organization that takes part in organized transnational criminal activity such as people smuggling, trafficking in persons, or money laundering.
Not every ground for inadmissibility is quite so obvious or violent, though. For example, under the Immigration and Refugee Protection Act, someone may be inadmissible to Canada for financial reasons. This means that they are unable or unwilling to support themselves and their family members in Canada. Financial inadmissibility is usually determined by an immigration officer after reviewing evidence that supports the foreign national’s current financial situation, including bank statements, employment history, pay stubs, and letters of support from friends or relatives. The burden of proof is on the applicant to prove that they are willing and able to support themselves, and that there are adequate arrangements for support in Canada.
Another reason why a person may be inadmissible to Canada is due to medical reasons. This includes medical conditions that endanger public health, endanger public safety, or cause excessive demand on health or social services.
Another common reason for inadmissibility is misrepresentation, which is when an individual is found to have provided false or misleading information on an immigration application, or if they withheld important information. Under section 40 of the Immigration and Refugee Protection Act, an individual who is found to have committed misrepresentation may be barred from entering Canada for a period of up to 5 years. If they are already in Canada, they may be removed from the country for misrepresentation.
Another reason for inadmissibility is failing to comply with any provision of the Immigration and Refugee Protection Act. This might include visa overstays, working in Canada without proper permits, etc.
An individual can also be found inadmissible if they have a family member who is inadmissible. Except in a few limited situations, an inadmissible family member, inside or outside of Canada, makes the principal applicant inadmissible, regardless of whether that family member is seeking permanent resident status themselves.
The last reason for inadmissibility is criminal inadmissibility, which is when a person may be found inadmissible for committing a crime. Under the formal definition, a person who is criminally inadmissible is not allowed to enter or stay in Canada because they have committed or been convicted of a crime for which they have not received a record suspension (formerly known as a pardon) or they have not been rehabilitated under the Immigration and Refugee Protection Act. Criminal inadmissibility encompasses both crimes committed inside or outside of Canada.
Who Decides If a Person is Inadmissible?
The decision maker is the immigration or border officer, or sometimes tribunal. If you are trying to enter Canada at a port of entry, the immigration officer who determines you are inadmissible may be a border officer. If you apply for a visa, the immigration officer at the visa office or consulate may be the decision maker on inadmissibility. If you are already in Canada and are subject to removal for inadmissibility, the decision maker may be a panel at the Immigration Division or the Immigration Appeal Division of the Immigration and Refugee Board.
It is evident that a finding of inadmissibility can have a serious impact on the lives of people who want to visit, work, study, or live in Canada. If you are dealing with potential inadmissibility issues, schedule a consultation with Christina.