Inadmissibility

The decision to deny access to the territory to a person applying for permanent residence or for a temporary stay is the right of the Government of Canada, the only authority to decide on entry into Canada.

There are several reasons for inadmissibility:

  • Security
  • Violations of human or international rights
  • Serious criminality
  • Criminality
  • Organized crime
  • Health reasons – danger to health or public safety and excessive demands on the health system
  • Financial reasons
  • False statements
  • Violations of the law

When a foreigner is subject to an inadmissibility decision, a removal order may follow. An inadmissibility decision may also result in family members of the principal applicant being found inadmissible, whether or not they are accompanying him or her to Canada.

Removal orders

A person seeking admission to Canada may be refused admission to Canada for longer or shorter periods. Depending on the severity of the grounds of inadmissibility, the authorities will issue removal orders from Canada: departure orders, exclusion orders or deportation orders.

A person who is the subject of a departure order must leave the territory within thirty (30) days of the pronouncement the measure. By failing to leave, the departure order is transformed, by the effect of the law, into an deportation order.

An exclusion order entails the obligation to leave the territory for a minimum of one (1) year. A special exclusion order applies to people who make false statements. In fact, they are subject to exclusion from the territory for five (5) years and to the impossibility to submit an application for permanent residence before the end of that period.

The most severe measure is deportation, which entails a life ban on returning to Canada.

To travel to Canada within the period of ineligibility resulting from exclusion or deportation, an authorization to return to Canada (ARC) must be requested to the authorities with compelling reasons. The requested authorization is not easily granted.

False declarations

Failure to answer honestly and truthfully to questions asked in the immigration forms and the reluctance to report important facts (jobs, studies, children, health, police, etc.) may give rise to a decision of false declarations with the consequence of a refusal of the application for the principal applicant, which will affect all the family members party to it.
Also, under the Quebec Immigration Act, providing false or misleading information in support of an application brings about, , after a decision to refuse and to prohibit the filing of a new application for two (2) or five (5) years, as the case may be.

Failure to declare:

A person who fails to report a situation that may lead to an error in the application of the law will be inadmissible for making false statements.

False declarations discovered after the visa:

The discovery of false declarations made after obtaining a positive decision by Quebec or after the issuance of a visa by Canadian authorities may result in the cancellation of the documents issued and criminal and penal prosecution and/or removal orders could be undertaken. In addition, if false declarations are discovered after obtaining citizenship, it can be revoked, as well as the permanent residence status that led to it, and all persons related to the application will also be subject to a removal to the country of origin.

Medical examination

Any foreigner submitting an application for permanent residence for Quebec, or any other province or territory of Canada, must undergo a medical examination.

In the case of an application for temporary residence, a foreign national from a designated country or one who has lived for more than six (6) consecutive months in one of the designated countries during the year preceding the date of filing of the application, must undergo a medical examination, if the expected length of stay in Canada is more than six (6) months.

The Immigration and Refugee Protection Act provides that any person whose state of health is likely to cause an undue burden on the Canadian health care system is inadmissible to Canada. For example, a person may be inadmissible for medical reasons because of the cost of prescription drugs or social services required by their circumstances. One can also be temporarily declared inadmissible, subject to the duration of the medical treatment required by one’s situation.

Excessive demands on the healthcare system are analyzed in light of the applicant’s financial resources and his ability to finance the costs of his own care, medication and services required by his medical condition.

Health prohibition:

Thus, a candidate accepted by Quebec or by another province could be inadmissible on health grounds.

However, the persons in the sponsored family class (spouse, spouse, child, father or mother of a Canadian citizen or a permanent resident) are exempt from the constraints related to their health status. Their application for permanent residence will not be refused health grounds, even if their state of health could lead to an excessive demand on health and social services.

If you or any of your family members accompanying you in Canada have an illness or if your situation or that of a family member requires care, medication or social services, consult a lawyer before applying for permanent residence. If you have received a decision based on medical or health grounds, it is in your best interest to consult with a lawyer to validate the correctness of the decision and, perhaps, assess the relevance of challenging that decision.

Criminality

Persons who have committed criminal acts, human rights violations or engaged in fraudulent activities in order seek entry in Canada will be prohibited from entering Canada. Thereby, any immigration candidate is subject to a criminal background check.

Mandatory declarations

A person and their family members wishing to enter Canada must truthfully answer the questions asked on the forms or by the immigration officers.

They must also inform the authorities of all situations, even unfavorable ones. Thus, will be reported all criminal and/or criminal activities for which a fine has been imposed as well as all arrests, charges, minor or criminal offenses, both in adulthood and during the minority, all over the world.

This includes all offenses, crimes and/or other offenses or convictions for which an absolution, pardon or amnesty that could have been granted by any authority of a country. The commission of offenses entails inadmissibility for varying periods of time depending on the seriousness of the offenses or the time elapsed since their commission. In the analysis of the seriousness of the offenses, reference is made to the Criminal Code of Canada.

Application for rehabilitation

In all cases of arrest, charge for minor or criminal offenses, in his minority or in adulthood anywhere in the world, a request for rehabilitation must be made to the Minister’s representative before filing the immigration application.

Special Authorization

Despite the above, the Minister of Immigration may grant, in certain circumstances only, a Temporary Resident Permit (TRP) or grant a person the right to become a permanent resident. These are exceptional situations. People in these situations need to meet with a lawyer.

Offense commission after obtaining permanent residence

Between permanent residence and citizenship, the commission of criminal acts in Canada or abroad carries with it the loss of the right of residence. This situation is subject of a judicial assessment before a court.

Family ban

Family members accompanying an inadmissible temporary resident will also be inadmissible for the same reason.

As for the family ban, it strikes everyone involved in the application. For example, a minor child who suffers from a severe learning disability that may be considered an undue burden on social services will be inadmissible for this reason and, as a result, the ban on the child will strike all other family members under the family ban. Family ban will also apply to all persons on the application with respect to all other inadmissibility.