/ Published in Immigrant Investor Venture Capital, Immigration, Immigration Manuals

The Guidelines for Inadmissibility


Last Updated on August 29, 2016

The officers might find that some applicants are inadmissible. Thus, they would not allow these individuals to come to Canada. Several things can make applicants inadmissible, such as being involved in criminal activity, in organised crime or in human rights violations. In some cases, individuals could be inadmissible for security, health or financial reasons as well.

People who are inadmissible to Canada cannot apply under the Immigrant Investor Venture Capital Pilot Program. This is because the authorities would refuse their applications.

As mentioned earlier, the authorities do not permit some people to come to Canada. This is because such people are known as inadmissible under Canada’s immigration law. Officers would typically not allow people to enter Canada if they:

  • Are a security risk

  • Have committed human or international rights violations

  • Have been convicted of a crime or have committed an act outside Canada that would be a crime

  • Have ties to organised crime

  • Have a serious health problem

  • Have a serious financial problem

  • Have lied in their application or in an interview

  • Do not meet the conditions specified in Canada’s immigration law or,

  • One of their family members does not have the authorisation for entering Canada

Normally, if the authorities find people to be inadmissible to Canada, they will not permit these individuals to enter into Canada. In some cases, these individuals might have valid reasons for travelling to Canada. In this scenario, the authorities have the right to provide these people with temporary resident permits. Similarly, people who have committed a crime or have been convicted of a crime have a few options available.

Some people might have been convicted of driving while impaired by drugs or alcohol. The authorities would typically find these people to be criminally inadmissible to Canada. However, as of March 01, 2012, these individuals could be able to obtain temporary resident permits for one visit without having to pay the processing fee of $200 Canadian dollars.

Normally, if the authorities have convicted people of an offence (such as mischief or driving under the influence of drugs or alcohol), these people will not be able to enter Canada without having permits that come with a processing fee of $200 Canadian dollars.

However, as of March 01, 2012, these individuals would be able to obtain temporary resident permits for one visit. In addition, they would not need to pay the processing fee of $200 Canadian dollars as well. This exemption is only valid in case the individuals:

  • Have served no time in jail and,

  • Have not committed any other acts that could prevent them from entering Canada

The Guidelines for Overcoming Criminal Convictions

Under the provisions specified in Canada’s immigration law, the authorities do not permit people who have committed or been convicted of crimes to enter Canada. The authorities typically term these individuals as being criminally inadmissible. This includes both minor and serious crimes such as:

  • Assault

  • Theft

  • Manslaughter

  • Dangerous driving

  • Driving while under the influence of drugs or alcohol and,

  • Possession of or trafficking in drugs or controlled substances

For a complete list of criminal offences, the readers would need to go through the Criminal Code of Canada and the Controlled Drugs and Substances Act.

However, it is worth highlighting that people convicted of crimes when they were under the age of 18 years might still be able to enter Canada.

What You Can Do

The authorities might still permit some individuals who have committed crimes or been convicted of them to enter Canada. This would typically depend on the crime, the time since it was committed and the behaviour of the individual since the time of the crime. Such individuals could still obtain the approval for entering Canada if they:

  • Can convince the immigration officers that they meet the legal terms of being deemed rehabilitated or,

  • Applied for rehabilitation and received the relevant approvals or,

  • Were granted a record suspension or,

  • Have a temporary resident permit

Deemed Rehabilitation

Under the provisions specified in Canada’s immigration law, deemed rehabilitation means that sufficient time has passed since the individual’s conviction for the crime. Thus, the law can no longer bar the individual from entering Canada. The authorities could consider individuals to be deemed rehabilitated based on:

  • The crime

  • The amount of time that has elapsed since the individual finished serving the sentence for the crime and,

  • Whether the individual has committed more than one crime

In all cases, the authorities would only consider people to be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Individual Rehabilitation

Rehabilitation means that the individual is not likely to commit any new crimes. Therefore, individuals have the ability to apply for individual rehabilitation for entering Canada. The Minister, or their delegate, has the authority for granting it or not. To apply for individual rehabilitation, applicants would need to:

  • Show that they meet the prescribed criteria

  • Show that they have been rehabilitated and,

  • Be highly unlikely to take part in further crimes

In addition, the authorities will require that at least five years have elapsed since:

  • The end of the criminal sentence (this includes probation) and,

  • The day the individual committed the act that rendered the person inadmissible

The authorities permit people to apply for criminal rehabilitation along with their temporary resident application (visitor visa, study permit or work permit). For this, the individuals would need to submit everything together and apply at the nearest Visa Application Centre (VAC).

Some foreign nationals might require an Electronic Travel Authorisation (eTA). These individuals would need to submit separate applications for criminal rehabilitation prior to applying for their Electronic Travel Authorisations (eTAs). For this, they would need to follow the procedures specified below. These individuals would be able to apply for their Electronic Travel Authorisations (eTAs) once they receive confirmations of their rehabilitation. Situations could arise where some of these individuals might apply for their Electronic Travel Authorisations (eTAs) before receiving their rehabilitation. In this scenario, the officers would assess their applications based on the information currently available. Naturally, this could result in the authorities refusing the applications.

In some cases, the individuals could consider submitting a separate application for criminal rehabilitation. In this scenario, they would need to complete the application. Thereafter, they would need to submit the application directly to the visa office responsible for the region by mail or courier only. These individuals would need to pay the appropriate processing fees as well. However, it is worth highlighting that these applications could well take over a year for processing. Therefore, these individuals would need to plan far enough in advance of their travel to Canada.

Record Suspension or Discharge

Some people might have been convicted in Canada and might want to apply for a record suspension (also known as a pardon). These individuals would need to check with the Parole Board of Canada. If these individuals obtain a Canadian record suspension, they would no longer be considered inadmissible.

Some individuals might have received a record suspension or a discharge for their convictions in other countries. These individuals would need to check with the visa office that serves the country or the region where they live. This would help them ascertain whether the pardon they have obtained is valid in Canada or not.

These activities would help individuals ensure that when they arrive in Canada, the border services officers have ample information for determining whether the individuals can enter Canada. However, the officers would continue to check the individuals. This would be necessary for ascertaining that the individuals are not inadmissible for any other reasons.

The Temporary Resident Permit

Obtaining a temporary resident permit enables individuals to enter or stay in Canada if:

  • It has been less than five years since the end of the individual’s sentence or,

  • The individual has valid reasons for being in Canada

Some people might have valid reasons for travelling to Canada. But, they might well be inadmissible. In this scenario, the authorities would typically issue temporary resident permits to these individuals. Immigration or border services officers would need to decide if your need for entering or staying in Canada outweighs the health or safety risks to Canadian society.

In some cases, the officers might find that the reason for inadmissibility appears to be minor. Even then, the individuals would need to show that their visits are valid.

As mentioned earlier, some people might be inadmissible. But, they might still have valid reasons for travelling to Canada that is justified in the circumstances. In this scenario, the authorities would issue temporary resident permits to these people. To be eligible for receiving a temporary resident permit, immigration or border services officers would need to decide if your need for entering or staying in Canada outweighs the health or safety risks to Canadian society. In some cases, the officers might find that the reason for inadmissibility appears to be minor. Even then, the individuals would need to show that their visits are valid and justified.

It is worth highlighting that there is no guarantee that the authorities will issue these individuals temporary resident permits. To receive these temporary resident permits, the applicants will need to pay the relevant processing fees. It is worth mentioning that this processing fee is not refundable.

The authorities typically issue permits for the length of the visit to Canada. For instance, the authorities might issue a permit for one week to enable the individuals to attend a conference. Therefore, these individuals would need to leave Canada by the expiry date of the permit. Alternatively, they would need to obtain new permits before their current permits expire. However, the authorities have the ability to cancel these permits at any point in time. In addition, the permit will not longer be valid once you leave Canada. This is applicable in all cases unless you have received specific authorisations to leave and re-enter Canada.

The Guidelines for Applying

  • In case you require an Electronic Travel Authorisation (eTA)

    • Situations could arise where the individual is a citizen of an Electronic Travel Authorisation (eTA) required country and the authorities refuse to give the person an Electronic Travel Authorisation (eTA)

    • In this scenario, the authorities would need to issue temporary resident permits based on the nature and the circumstances of the inadmissibility

    • In addition, the authorities would need to issue temporary resident permits based on the individual’s continuing rationale for travel

    • Moreover, the visa office responsible for the country or region where the person is from might well have its own application form for temporary resident permits

    • Therefore, the individual would need to check the visa office to find out about its specific application procedures

  • In case you require a visa

    • Individuals would need to submit applications for temporary resident visas along with the required supporting documents

    • The documents should assist officers in understanding why the applicant is inadmissible

    • In addition, the documents should also assist the officers in understanding your justifications for entering Canada

    • It is worth highlighting that the applicant might need to attend interviews so that the officers can assess the application

  • The fees

    • Individuals would need to pay a fee of $200 Canadian dollars for covering the cost of processing their applications for temporary resident permits

    • The authorities would not refund the fees in case they refuse to issue the permit

    • For specific payment instructions, the applicants would need to check the website of the visa office