Known for its friendliness, Canada nonetheless does have policies that allow it to effectively deny admission for those it deems a risk or threat. Inadmissibility to Canada for criminal or medical reasons can be addressed with the help of an immigration lawyer.
The most common reasons that you will be deemed inadmissible are:
- Conviction of a crime (in Canada or outside of it)
- Involvement in organized crime
- Involvement in human rights violations
- Committed an act in a foreign nation that is a crime under Canadian law
- Certain financial, health or security reasons
If you are refused entry to Canada because of some of those reasons, there may still be ways to enter the country.
PODCAST EPISODE 4: OVERCOMING CRIMINAL INADMISSIBILITY TO ENTER CANADA OR THE UNITED STATES
Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.
FAQs
Can a Criminal Record Prevent Entry to Canada?
Yes. A foreign national may be refused entry after being convicted of, or sometimes committing, an act that would be an offence in Canada. Officers consider the Canadian equivalent, seriousness, sentence and number of offences. DUI, assault, theft and drug offences can create criminal inadmissibility to Canada.
I Have a DUI Conviction. Am I Inadmissible to Canada?
Possibly. A foreign national with a DUI may be criminally inadmissible. Offences committed on or after December 18, 2018 may be treated as serious criminality, while earlier offences are assessed under the penalties then in force. Criminal rehabilitation may be available after five years, while a Temporary Resident Permit may permit earlier entry. Ackah Law can assess the appropriate option.
What is Criminal Rehabilitation?
Criminal Rehabilitation is a formal application that can permanently resolve Canadian inadmissibility caused by past offences outside Canada. You may generally apply once five years have passed since completing every part of the sentence, including probation and fines. Approval is discretionary and does not protect against future offences.
What is Deemed Rehabilitation?
Deemed Rehabilitation means Canadian law may treat someone as rehabilitated based on the offence and time elapsed, without a formal approval application. It may apply 10 years after completing the sentence for one indictable-equivalent offence, or five years after two or more summary-equivalent convictions. The equivalent Canadian offence must carry a maximum sentence of less than 10 years.
Does Deemed Rehabilitation Apply Automatically?
You do not formally apply for Deemed Rehabilitation, but you should not assume that you will be admitted. An officer must determine whether you meet the requirements. Carry police and court records and proof that every part of the sentence was completed. Serious criminality is excluded. Ackah Law can assess your circumstances before you travel.
Does Cannabis Use or a Conviction Affect Admissibility to Canada or the U.S.?
Cannabis being legal in Canada does not control U.S. admissibility. A Canadian record suspension does not guarantee U.S. entry, and a cannabis conviction or qualifying admission may create inadmissibility under U.S. federal law. Work in Canada’s legal cannabis industry is not automatically disqualifying when travel is unrelated, but cannabis-related business travel can cause refusal. Ackah Law can assess the cross-border risks.
Can Canadians with a criminal record obtain a U.S. visa waiver?
Some Canadians found inadmissible to the U.S. may request advance permission to enter temporarily using Form I-192, commonly called a U.S. entry waiver. It does not erase the underlying record or guarantee admission. Ackah Law can prepare the waiver application and supporting evidence based on the inadmissibility ground and planned travel.
Can a Health Condition Make Someone Inadmissible to Canada?
Yes. A foreign national may be found medically inadmissible if their condition is expected to endanger public health or public safety or place excessive demand on Canada’s health or social services. However, no diagnosis automatically makes someone inadmissible, and some applicants are exempt from the excessive-demand rules. Ackah Law can help you respond to a medical inadmissibility concern and prepare supporting evidence for your case.
Do I Need a Medical Exam for Canadian Permanent Residence?
Yes. Permanent residence applicants and their family members generally need an immigration medical examination, even when a family member is not accompanying the applicant to Canada.
The examination must be completed by an IRCC-approved panel physician. Express Entry applicants generally complete an upfront medical exam after receiving an invitation to apply, while applicants under most other programs should wait for IRCC’s instructions. Some applicants already living in Canada may be exempt from completing another exam if they meet the requirements for using previous medical results.
What Happens If I Am Found Medically Inadmissible to Canada?
Before refusing an application for medical inadmissibility, IRCC generally sends a procedural fairness letter explaining its concerns and providing an opportunity to respond.
Depending on the case, the applicant may submit updated medical evidence, challenge the assessment or provide a mitigation plan addressing the expected demand on Canadian health or social services. If the concerns are not resolved, the immigration application may be refused.
Can I Enter Canada If I Am Inadmissible?
Possibly. The available solution depends on why you are inadmissible and whether you are seeking temporary or permanent entry.
A Temporary Resident Permit may allow temporary entry when the need to enter Canada outweighs the associated risks. Criminal inadmissibility may sometimes be overcome through deemed rehabilitation, individual rehabilitation or a Canadian record suspension. Medical inadmissibility concerns may sometimes be addressed through additional evidence or a mitigation plan before a final decision.
Approval is not automatic. Ackah Law can assess the reason for inadmissibility and identify the most appropriate option before you apply or travel.
What Is a Temporary Resident Permit?
A Temporary Resident Permit allows a person who is inadmissible to enter or remain in Canada temporarily. An officer may issue one when the person’s need to enter or stay outweighs the potential risks to Canadian society. Approval is discretionary, and a TRP does not permanently resolve inadmissibility. Ackah Law can assess whether a TRP may be appropriate for your situation.
How Long Is a Temporary Resident Permit Valid?
A Temporary Resident Permit can be valid for up to three years, although an officer determines its length and conditions. Holders in Canada must apply for another TRP before the current permit expires, and there is no maintained status while waiting. Some holders may qualify for permanent residence after three years for certain health-related cases or five years for other eligible grounds.
My Immigration Application Was Denied. Can I Apply Again?
Usually, yes. Immigration, Refugees and Citizenship Canada generally allows applicants to apply again at any time unless the refusal letter says otherwise. However, submitting the same information without addressing the reasons for the refusal is unlikely to produce a different result.
Ackah Law can review the refusal letter and previous application to identify missing evidence, changed circumstances or another appropriate legal response. If your application has been refused, contact Ackah Law before reapplying so the reasons for the decision can be carefully assessed.
