There are certain things that could make you inadmissible to Canada and one of such could be a prior criminal record, a pending criminal charge(s), financial instability or medical issues that may pose a risk to the Canadian society or impose excess demand on the Canadian economy. Once you are found to be inadmissible, a Canadian Immigration Officer will refuse your entry, or application, on the basis of inadmissibility. If you have been found to be inadmissible to Canada, or think you may be inadmissible, it is important to know that you still have options.
A foreign national may be inadmissible to Canada on the grounds of criminality, serious criminality, health, financial reasons and misrepresentation. This will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.
Inadmissibility due to criminality or serious criminality is when an individual is denied entry to Canada on grounds of a criminal history, pending charges or a charge that has not been granted a pardon from the Canadian Government.
Here are some of the factors that may make you criminally inadmissible without ever having set foot in Canada:
If you were convicted in a foreign country of an act that Canadian law also recognizes as a criminal offence. You could be considered criminally inadmissible, if Canada considers your crime as an “indictable offence,” which generally refers to a more serious crime. In the U.S. it is comparable to a felony.
If you have two non-indictable offences from separate acts, you may also be inadmissible. As the name suggests, these are less serious than indictable offences, and are generally comparable to misdemeanors in the U.S.
Note: An arrest or charge may result in questioning at the border from the CBSA. Although the most common cause of inadmissibility is the foreign equivalent of a Canadian Criminal Code infraction, an offence that equates to a violation of any Canadian federal law can also result in inadmissibility. If you have been determined to have committed an act in a foreign country that is both an offence in that country, and an indictable offence in Canada, you may also be criminally inadmissible.
Inadmissibility based on health grounds is when a foreign national’s health condition
is most likely a danger to public health;
is likely to be a danger to public safety; or
is reasonably to be expected to cause excessive demand on health or social services.
There are some exceptions however to this inadmissibility factors.
Inadmissibility due to Financial reasons is when a foreign national (FN) is unable or unwilling to support themselves or any other person who may be dependent on them. They also have not satisfied the officer on the necessary arrangements for care and support.
Inadmissibility due to Misrepresentation happens when a FN or PR directly or indirectly misrepresents or withholds material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. This could also happen if the FN or PR was sponsored by someone inadmissible for misrepresentation, etc.
If you fall under any of the inadmissible categories but still wish to come to Canada, you may qualify to overcome these inadmissibility by:
In general, if you have been charged with an offence, which was then dismissed, you are not considered to be criminally inadmissible to Canada.
When a conviction has been expunged or you received a pardon for it, it is deemed to have never occurred. As such, it is no longer considered a conviction, and does not render you criminally inadmissible to Canada.
A hybrid offence is a criminal offence that can be prosecuted as an indictable offence or summary conviction. Hybrid offences are treated as indictable offences, for immigration purposes.
Yes you must, in other to avoid misrepresentation. Although your record is sealed, you must disclose your prior arrest, charge, or conviction in your immigration application(s). Depending on the type of offence and when it occurred, you may be considered criminally inadmissible to Canada, even if your record was sealed.
The first step towards moving to Canada is to get an assessment of your specific situation. Call us today at +1.416.417.1903 for an assessment to see if you are eligible to move to Canada, or fill out our online assessment form.