Inadmissibility

A. Inadmissibility

People who are “inadmissible” under Canada’s immigration law are normally not allowed to come to Canada.  There are several different causes for inadmissibility, most having to do with 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 included will be refused.  However, there are ways to overcome inadmissibility and be allowed to enter Canada.

Criminal Inadmissibility

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:

a.    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;

b.     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

c.    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:

a.    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;

b.    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;

c.    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

d.    Committing an offence under an Act of Parliament prescribed by regulations on entering Canada.

Medical Inadmissibility

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:

a.    They are likely to be a danger to public health;

b.    They are likely to be a danger to public safety; or

c.  They might reasonably be expected to cause excessive demand on health or social services.

Danger to Public Health

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:

  • Your immigration medical exam results, including
    • Lab results results by designated third party physicians
    • Any other specialist reports that their medical officers request
  • 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
  • How your disease could affect other people living in Canada

Danger to Public Safety

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:

  • Sudden incapacity (loss of physical and mental abilities)
  • Unpredictable or violent behaviour

Excessive Demand on Health or Social Services

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:

  • The health or social services needed to treat your health condition would negatively affect wait times for services in Canada, or
  • 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:

  1. Refugees and their dependants
  2. Protected persons
  3. Certain people being sponsored by their family, such as dependant children, spouses and common-law partners

If you have questions about inadmissibility and ways of overcoming inadmissibility, contact Brace Law today to see how we can help you!

B. Temporary Resident Permit (TRP)

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 certain cases, 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:

  1. 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 taken into consideration.
  2. The issuance of TRP and the need for the foreign national’s presence in Canada outweigh any risks to Canadians or Canadian society.

The TRP is always issued at the discretion of the delegated authority and may be cancelled at any time, and thus applying for a TROP does not guarantee that you will be granted one. The officer will base their decision on whether they think your purpose to enter Canada is justified, and whether they deem you to pose a risk to Canadian society. You must demonstrate that your reason(s) for coming to or remaining in Canada is/are reasonable and justified.

Please note that the TRP is not the same as a Temporary Resident Visa (TRV), also known as a visitor visa or a tourist visa. If you are not inadmissible and plan on visiting Canada, you should apply for a TRV, depending on your country of citizenship.

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