If you have been told that you are inadmissible to Canada, it
means Canadian immigration authorities believe there is a legal reason you
should not be allowed to enter or remain in the country.
That can happen
at different stages. Some people are refused at the border. Others run into
problems when applying for a visa, work permit, or study permit. In some
situations, a person who is already in Canada can also face immigration
consequences.
A lot of people
are surprised by this, especially if the issue happened outside Canada. But
Canada applies Canadian immigration law, even when the event or
conviction took place in another country.
Why people
are found inadmissible
There is more
than one reason a person can be found inadmissible. Common examples include
criminal history, health issues, security concerns, misrepresentation in an
immigration application, and sometimes financial reasons.
For many
travelers, though, the most common issue is criminal inadmissibility.
How criminal
inadmissibility works
Criminal
inadmissibility is mainly dealt with under section 36 of the Immigration and
Refugee Protection Act.
In simple
terms, Canada may find someone inadmissible because of a conviction in Canada,
a conviction outside Canada, or conduct outside Canada that would amount to an
offence here.
The law
distinguishes between serious criminality and criminality, and
that difference can matter a great deal.
For immigration
purposes, even offences that seem less serious in another country can still
cause problems if the Canadian version of that offence is treated seriously.
That is one reason people are often caught off guard at the border.
Can you
still come to Canada if you are inadmissible?
Sometimes, yes.
Being
inadmissible does not always mean the answer is permanently no.
Depending on the reason for inadmissibility and how much time has passed, there
may still be legal options available.
For people
dealing with criminal inadmissibility, the most common possibilities are:
● A Temporary Resident Permit
● Criminal Rehabilitation
● Deemed Rehabilitation
Which one
applies depends on the details of the case, including the offence, the
sentence, and when everything was fully completed.
Temporary
Resident Permits
A Temporary
Resident Permit, often called a TRP, can allow someone who is
inadmissible to enter Canada for a limited period of time.
This can be
helpful where there is a real reason to travel, such as an important business
trip, a family emergency or family event, or a conference, meeting, or work
obligation.
A TRP is
discretionary. That means it is not automatic. Canadian authorities will look
at why the person wants to enter Canada and weigh that against the reason they
are inadmissible.
Criminal
Rehabilitation
Criminal
Rehabilitation is often the
better long-term option because, if approved, it can permanently resolve the
inadmissibility tied to the offence.
This is the
process where a person asks Canada to recognize that they have been
rehabilitated and are unlikely to commit further offences.
In many cases,
a person can apply once five years have passed since the full completion of
the sentence. That usually means all jail time, fines, probation, parole,
and any other conditions must be fully finished before the clock starts
running.
Deemed
Rehabilitation
Some people may
not need to submit a full rehabilitation application at all. In certain
situations, they may be considered deemed rehabilitated if enough time
has passed and the offence falls within the right category.
This is very
fact-specific. It depends on things like:
● the number of offences
● the seriousness of the offence
● the Canadian equivalent offence
● how long ago the sentence was completed
Because this
area is technical, people often assume they qualify when they do not — or
assume they do not qualify when they actually might.
Inadmissibility
cases often look simple at first, but they rarely stay simple for long.
A person may
think the issue is just an old conviction. But the real legal questions are
usually more specific:
● What is the Canadian equivalent of the offence?
● Does section 36 actually apply?
● Has enough time passed?
● Is a TRP the better option, or Criminal
Rehabilitation?
Those questions
can make a huge difference. Getting clear advice before you apply or travel can
help you avoid being turned away unexpectedly.
Located in
Winnipeg, Manitoba, A&M Canadian Immigration Law Corporation provides legal
support for admissibility concerns, including criminal inadmissibility. Reach
out today or schedule a consultation online.
A careful
review can help you understand whether you may be inadmissible and what options
may be available to help you enter Canada.
Sources
● Immigration and Refugee Protection Act
● Immigration and Refugee Protection Act, section 36
● Government of Canada: Inadmissibility
● Government of Canada: Temporary Resident Permit
● Government of Canada: Application for Criminal
Rehabilitation
● Government of Canada: Deemed Rehabilitation
Disclaimer
(Educational Use Only)
This content is
for general educational information only and is not legal advice. Immigration
laws and policies can change, and every case depends on its own facts. If you
are dealing with inadmissibility issues, get advice from a qualified
immigration lawyer before making decisions or relying on general information.
