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.
Written
by:
Dr. Muhammad
Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst
