It is very crititcal to affirm whether you are inadmissbible to Canada prior to lodging any application to enter Canada.
Generally, you are inadmissble, i.e. you are not allowed to enter Canada, or your application will not be approved, if you are:
- engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; or related/similar acts (Security ground – described in details in section 34 of Immigration and Refugee Protection Act (IRPA)) or
- committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; or being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act (Human or international rights violations ground – described in details in section 35 of IRPA) or
- have been convicted in or out of Canada of an offense and have not been granted a Certificate of Rehabilitation (Serious Criminality – described in details in section 36 of IRPA) (please note, under Canadian’s Laws, driving under influence is a serious offense) or
- being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence (Organized Criminality – described in details in section 37 of IRPA) or
- likely to be a danger to public health; or likely to be a danger to public safety; or might reasonably be expected to cause excessive demand on health or social services (Health grounds – described in details in section 38 of IRPA), (there are some exception on those grounds, especially for family/spousal sponsorship or “protected persons”, please ask us for details) or
- unable or unwilling to support yourself or any other person who is dependent on you, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made (Financial reasons – described in details in section 39 of IRPA) or
- directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act; or for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation; or on a final determination to vacate a decision to allow their claim for refugee protection or application for protection (Mispresentation – described in details in section 40 of IRPA) and a period of five years has not elapsed since the last final determination of inadmissibility on mispresentation; or
- having an accompanying family member or, in prescribed circumstances, your non-accompanying family member is inadmissible; or (you are) an accompanying family member of an inadmissible person (Inadmissbile Family Member – described in details in section 42 of IRPA), (there are some exception on this ground, especially in TRV application, please ask us for details)
The above list covers almost inadmissbility grounds for a foreign national, or even a Canadian permanent resident, to enter/remain in Canada. However, the list is not exhausive and there are some solutions to overcome a certain circumstances, for instance, upon succesfully obtaining a Minister’s Certificate of Rehabilitation for an offense, a foreign national will not be considered inadmissbile under Serious Criminality. Reach out for details, please call +1 (778) 725-1071 or email go@ericlaminc.ca