If an individual is found inadmissible, he/she will be denied a visa or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada.

You could be found inadmissible for several reasons, such as:

• security reasons, including
• human or international rights violations, including
• committing a crime, including driving while under the influence of drugs or alcohol.
• organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
• medical reasons
• financial reasons – if you’re unable or unwilling to support yourself and your family members
• misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
• failure to comply with any provision of IRPA or
• having an inadmissible family member.

Medical Inadmissibility:

Medical inadmissibility affects anyone applying to visit, study, work or live permanently in Canada.

There are 3 possible reasons for medical inadmissibility:

• Danger to public health
• Danger to public safety
• Excessive demand for health or social services

Criminal Inadmissibility:

Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”

This includes both minor and serious crimes, such as:

• theft,
• assault,
• manslaughter,
• dangerous driving,
• driving while under the influence of drugs or alcohol, and
• possession of or trafficking in drugs or controlled substances.

If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.

Financial Inadmissibility:

Immigration and Refugee Protection Act (IRPA) sets out that a foreign national may be found to be inadmissible to Canada where they are unable or unwilling to support either themselves or any dependents, and have not arranged for satisfactory alternative care and support other than social assistance.

An individual suspected of being financially inadmissible has the opportunity to respond to those concerns through a procedural fairness letter from IRCC. The foreign national may also be scheduled for an examination interview, and/or may be asked to provide evidence that they are no longer in receipt of social assistance.

Misrepresentation:

Inadmissibility based on immigration misrepresentation has become quite common. Immigration misrepresentation findings are even more significant now because a foreign national or permanent resident is also barred for 5 years from making an application to return to Canada.

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident can be found to have misrepresented for many reasons some of which include:

• Providing information to Immigration, Refugee and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result has or could induce an error in the administration of the IRPA;
• Withholding material facts from IRCC or CBSA that are relevant to the matter and that, as a result, has or could induce an error in the administration of the IRPA;
• Being sponsored by an individual who has been found to be inadmissible for misrepresentation;
• Following the vacation of a decision to allow a claim or application for refugee protection; or
• Following cessation of citizenship based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.

Security Inadmissibility & Other

Inadmissibility under sections 34 (security grounds), 35 (human or international rights violations), and 37 (organized criminality) have serious ramifications as there is no right of appeal for permanent residents or foreign nationals under subsection 64(1) of the IRPA. These decisions may be challenged by the Federal Court of Canada in some instances.

Deportation / Removal

If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences to your present time in Canada and any future time, and whether you can challenge the decision. 

Types of Removal Orders:

• Departure Order 
• Exclusion Order 
• Deportation Order 

Removal Orders may arise in the following circumstances:

1. The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and so issues an Order
2. A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination, or
3. An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after any refusal or abandonment of a refugee claim

At Caballero ProFuture Immigration Inc. you will receive the help you need to achieve your Immigration goals. Regardless of your circumstances, we guide you to find the best and most cost-effective way to remain in Canada. CONTACT US TODAY.