An inadmissible person is a person who is not allowed to enter or immigrate to Canada for several reasons. A foreign national can be inadmissible to Canada if he is involved in criminal activities, security reasons, criminal charges, financial reasons, health grounds, misrepresentation of the immigration application in the past, or inadmissible family members.
A person is inadmissible if he is involved in any criminal activities, espionage, or engaged in the act of subversion against the democratic institution, government, or process in Canada. The Canadian government will also list you inadmissible if they find you are engaged in terrorism or posing threats to the country’s security.
Moreover, if you are found involved in countrywide violence or supporting organizations that are a cause of security concern to Canada, you will be inadmissible to Canada.
Canada is one of the countries in the world that strongly value human rights, offering fundamental human rights to its citizens. Moreover, the government also ensures that foreign nationals must comply with national human rights policy.
You will be held inadmissible to Canada if you are involved in crimes against humanity, war crimes, belong to an unknown group of persons, and organizations committing regular crimes. According to the Canadian constitution, you are inadmissible to Canada, even if you are a permanent citizen of Canada.
A foreign national will be considered inadmissible to Canada if he is punished for nearly ten years for a criminal act committed outside Canada or if he committed an indictable offence.
You will be inadmissible if you violate any of the following acts:
Furthermore, if you are found guilty of any criminal offences, then security agencies will list you among the inadmissible persons list. Not to mention, in case of any criminal offence, the Canadian government is liable to punish criminals for at least ten years.
According to Canadian IRPA, a person will be inadmissible to Canada if he/she is involved in organizing crime with a criminal organization. Moreover, a person will also be inadmissible if he/she is involved in planned criminal activity or has organized criminal activity with a couple of other persons.
All such activities will be regarded as a criminal offence according to the IRPA of the Canadian constitution. A person will also be considered inadmissible if he is involved in people smuggling, trafficking in persons, or money laundering.
According to Canadian IRPA, a foreign national will be marked inadmissible on health grounds and your immigrant or visa application will be rejected if your health condition can affect the health of other Canadian nationals.
Moreover, a report from the practitioner or doctor will be required to monitor the severeness of your medical condition. If your present health condition is critical to public health, then you won’t be able to get your visa approved. In such a situation, foreign nationals are not allowed to apply for a Canadian visa or immigration.
According to the Canadian constitution, a foreign national will be inadmissible if he/she is unable to support him/herself or any of the person who depends on him/her. Foreign nationals will also be inadmissible if they do not have enough finances to meet their future needs.
The misrepresentation case refers to both permanent and foreign nationals. Both of them will be inadmissible if they have directly or indirectly misrepresented material facts. You might be held inadmissible for the following reasons:
If a foreign national is a family member of an inadmissible person, then he/she will be inadmissible as well. You will be held inadmissible if
A person will be inadmissible if he/she fails to comply with the IRPA. Here is how a person can be inadmissible:
Your return to Canada heavily depends on the Canadian Immigration Officer’s decision. If you were issued a deportation order, you must apply for an Authorization to return to Canada (ARC) to enable you to reenter Canada.
The ARC allows you to return to Canada whenever you want. The need for Authorization to Return to Canada depends on the issued removal order. Before going into details, you must understand that there are three types of removal orders.
Generally, removal orders are categorized into three different types. Before you apply for an ARC, make sure to check which removal order the Canadian Immigration Office issued you.
You won’t need an ARC if you’ve received a removal order from concerned authorities and
As mentioned above, you don’t need an Authorization to Return to Canada, but a regular examination is required at the port of entry.
The departure order will become a deportation order if you are unable to verify your departure or stay more than 30 days after the Departure Order was issued. In this case, you will have to apply for an ARC.
You are not required to apply for an ARC if an Exclusion Order was issued and
Similarly, the Immigration Officer will perform an examination at the entry port.
However, you will have to apply for ARC if you want to return to Canada within 12 months from the date the Exclusion Order was issued and do not have a Departure Certificate mentioning your departure date from Canada.
If you were issued a deportation order, you will be required to apply for an ARC.
Please note that Direction to Leave Canada does not come under removal orders, and you do not need ARC to return to Canada.
Before applying for an ARC, you must assess the reasons why you were issued an enforcement order to begin with (overstayed in Canada, work in Canada without authorization, etc. ) and then you must evaluate your current situation. Is it different from what it was when you were issued an enforcement order? Are you currently working? Do you have enough ties to your country of residence? Remember the officer assessing your application must be satisfied that this time you will abide by the terms and conditions of your visa.
If all the circumstances that caused removal order issuance remain the same, then there is a small possibility that the ARC will be granted. For work, study, visit, tourism, or immigration, the Canadian Immigration Officer will not need you to apply for an ARC separately. If your application is approved, then the ARC will be processed. However, you will be required to submit the non-refundable processing fee.
Moreover, you will have to pay a new processing fee if your application is rejected and you wish to submit another application.
You must keep in mind that if the Government of Canada covered your flight cost to remove you from Canada, you will have to repay this money prior to receiving an ARC.
You need the following documents to apply for a visa or permit to visit Canada:
Moreover, if your departure order became a deportation order, you must explain why you did not leave the country within 30 days after the removal order was issued.
The Immigration Officer will assess your application and will consider the following:
The immigration officer will not process your application if it appears ineligible or incomplete. Remember that the Canadian government does not guarantee the issuance of Authorization to Return to Canada.
The Temporary Resident Permit allows an inadmissible person (inadmissible due to criminal, medical or security reasons) to obtain a temporary permit to enter Canada for a specific period of time.
Please read the following detailed guide that offers helpful information on Temporary Resident Permit and its requirements. This guide will provide instructions and required supporting documents that you will need to apply for a Temporary Resident Permit.
Your inadmissibility is proportional to the inadmissibility of your family members. This means your family members such as a common-law partner, spouse, and dependent children will also be inadmissible to Canada if they travel with you.
However, if an immigration officer is satisfied with your application of being admissible to Canada, then each of your family members will be given a separate Temporary Resident Permit.
After receiving your TRP application, the Case Processing Centre (CPC) will review your TRP application to ensure your application is complete. The CPC representative will ensure:
If your application is incomplete, the immigration officer will return your application and will ask you to resubmit. Moreover, if you were not able to fill in other information, then your application will be refused or returned. Here is what you will receive from the Case Processing Centre:
The CPC reviews majority of applications; however, few applications are being referred to local offices for further assessment. Upon referral, the regional office will contact you to get more information for clarification. The clarification process may take up to 3 months.
As soon as the local offer fills in your information, your application will be marked completed, and you might be called for an interview.
The TRP holder is the one who is legally authorized to enter Canada for a specific time. Moreover, the temporary resident will be liable to live in Canada for a specified period and abide by the regulations.
However, your eligibility might get affected if you are not able to comply with the following conditions.
If your application is incomplete, the immigration officer will return your application and will ask you to resubmit. Moreover, if you were not able to fill in other information, then your application will be refused or returned. Here is what you will receive from the Case Processing Centre:
Generally, a permit holder is liable to meet the following conditions:
If Immigration, Refugees, and Citizenship Canada (IRCC) allow you entry to Canada even if you are inadmissible and have been issued a removal order, as a temporary permit holder, you will have the following responsibilities:
A Temporary Resident Permit can be issued for a day or up to three (3) years. It can also be issued for a single entry or multiple entries, depending on each case.
The Canadian Government has made it necessary for everyone who applies for a new TRP to submit their two (2) passport size photographs along with the following documents: