People who are “inadmissible” under Canada’s immigration law usually are not allowed to come to Canada. There are several causes for inadmissibility, most concerning criminal and medical reasons.
It is important to note that having an inadmissible family member also makes you inadmissible to Canada. In other words, if a family member is accompanying the inadmissible applicant to Canada or is included in an application for a visa, the entire application and all family had will be refused. However, there are ways to overcome inadmissibility and be allowed to enter Canada.
Criminal inadmissibility refers to people who are barred from entering Canada because they have committed or been convicted of a crime either in or outside Canada.
Under section 36 of the Immigration and Refugee Protection Act, foreign nationals and permanent residents may be inadmissible on grounds of serious criminality for:
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Being convicted in Canada of an offence under an Act of Parliament punishable by a possible maximum term of imprisonment of at least 10 years, or for being sentenced to a term of imprisonment of more than 6 months;
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Being convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a possible maximum term of prisonment of at least 10 years; or
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Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years. In addition, a foreign national may be found to be inadmissible on grounds of criminality for:
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Being convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament that have not arisen out of a single occurrence;
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Being convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
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Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
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Committing an offence under an Act of Parliament prescribed by regulations on entering Canada.
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Section 38 of the Immigration and Refugee Protection Act states that a foreign national, which may be anyone applying to visit, study, work or live permanently in Canada, is inadmissible on health grounds if:
Based on the results of your immigration medical exam, your application may be refused if IRCC believes that your health condition will endanger Canada’s public health. IRCC will take the following into consideration when reviewing your application:
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Your immigration medical exam results, including
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Lab results results by designated third party physicians
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Any other specialist reports that their medical officers request
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Whether you may have certain infectious diseases, such as active tuberculosis, or whether you have been in close contact with those who have an infectious disease
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How your disease could affect other people living in Canada
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Based on the results of your immigration medical exam, your application may be refused if IRCC believes that your health condition will endanger public safety. IRCC will consider the following risks when reviewing your application:
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Sudden incapacity (loss of physical and mental abilities)
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Unpredictable or violent behaviour
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Based on the results of your immigration medical exam, your application may be refused if IRCC believes that your health condition might cause an excessive demand on health or social services.
Your health condition is considered to cause an excessive demand if:
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The health or social services needed to treat your health condition would negatively affect wait times for services in Canada, or
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The services required to treat and manage your health condition would likely cost more than the excessive demand cost threshold
Excessive Demand Cost Threshold
This is an amount that IRCC refers to when deciding whether the cost of your health condition will place an excessive demand on Canada’s health and social services.The 2019 cost threshold under the temporary public policy is $102,585 over 5 years (or $20,517 per year).
Exceptions
There are a few exceptions to the medical inadmissibility rules for excessive demand:
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Refugees and their dependents
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Protected persons
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Certain people being sponsored by their family, such as dependent children, spouses and common-law partners
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A TRP is a document that allows someone who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) to enter or remain in Canada as a temporary resident permit holder.
Generally, if you are inadmissible, you are prohibited from applying for other visas to Canada, including work, student, and business visitor visas. In some instances, however, an officer may issue a TRP to allow an individual who is inadmissible or who does not meet the requirements of the IRPA to enter or remain in Canada when both of the following apply:
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The purpose of the individual to enter or remain in Canada is balanced when the objectives of the Immigration and Refugee Protection Act (IRPA) are considered.
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The issuance of TRP and the need for the foreign national’s presence in Canada outweigh any risks to Canadians or Canadian society.