Inadmissibility
Inadmissibility refers to situations where an individual is deemed ineligible to enter or remain in Canada due to certain circumstances, such as criminal history, medical conditions, security concerns, or misrepresentation.
Under Canadian immigration law, foreign nationals or permanent residents may be found inadmissible if they:
• Have committed or been convicted of a crime inside or outside of Canada
• Have a medical condition that poses a risk to public health or safety
• Have a history of espionage or terrorism, or pose a threat to national security
• Have violated human or international rights
• Have provided false information or documents in their application
• Are a danger to public safety or have ties to organized crime
Individuals who are found to be inadmissible to Canada may be denied entry or deported, depending on their circumstances.
There are certain remedies available to individuals who have been found inadmissible, such as applying for a temporary resident permit, seeking a waiver of inadmissibility, or appealing the decision to the Immigration and Refugee Board.
Medical Inadmissibility
Medical inadmissibility refers to situations where an individual’s medical condition is deemed to pose an excessive demand on Canada’s healthcare system or social services. This can lead to the individual being denied entry or permanent residence in Canada.
Under Canadian immigration law, foreign nationals or permanent residents may be found medically inadmissible if they have a medical condition that:
• Is likely to cause excessive demand on Canada’s healthcare system or social services
• Poses a danger to public health or safety
• Is likely to result in excessive absences from school or work, or require significant medical care
The determination of excessive demand is based on the cost of the medical treatment or services, as well as the availability of those services in Canada. The threshold for excessive demand is currently set at CAD $23,275 per year over a five-year period.
There are certain exceptions and exemptions to medical inadmissibility, such as for refugees, certain family members of Canadian citizens or permanent residents, and individuals with certain types of work or study permits. There is also a provision for a medical inadmissibility waiver, which can be applied for in certain circumstances.
Misrepresentation
A permanent resident or a foreign national is inadmissible for misrepresentation for providing false or misleading information or documentation in their application for immigration or citizenship status. This can include information related to their identity, educational or work history, family status, or criminal history.
Misrepresentation is a serious offense under Canadian immigration law and can result in significant penalties, including refusal of the application, revocation of status or citizenship, and a five-year ban on entering Canada.
Examples of misrepresentation may include:
• Falsifying information on an application form or supporting documents
• Withholding information that is relevant to the application
• Providing fraudulent documents, such as fake diplomas or work experience certificates
• Impersonating another individual during the application process
It is important to note that misrepresentation can occur not only during the application process, but also at any point during an individual’s immigration or citizenship journey. This includes providing false information or documents to immigration officers at the border or during a hearing, or failing to disclose relevant information that may affect one’s status.
If an individual is found to have misrepresented themselves, they may have the opportunity to respond to the allegation and provide evidence to support their case. However, it is highly recommended that individuals seek the advice of an immigration expert if they are facing a misrepresentation allegation, as the consequences can be severe.
Deemed Rehabilitation
Deemed rehabilitation is a process under Canadian immigration law that allows individuals with a criminal record to be considered rehabilitated without having to go through the formal rehabilitation process.
Deemed rehabilitation applies to individuals who have committed a single non-serious criminal offense outside of Canada, and at least 10 years have passed since the completion of their sentence or the commission of the offense, whichever occurred later.
If an individual meets the eligibility criteria for deemed rehabilitation, they will be considered rehabilitated by Canadian immigration authorities and will not be deemed inadmissible on the basis of their criminal record. They will not need to apply for formal rehabilitation or obtain a Temporary Resident Permit (TRP) to enter Canada.
However, it is important to note that deemed rehabilitation is not automatic and is subject to discretion by Canadian immigration authorities. It is also important to note that deemed rehabilitation applies only to non-serious offenses committed outside of Canada. Individuals with a criminal record for offenses committed within Canada, or for serious offenses committed outside of Canada, will need to apply for formal rehabilitation or obtain a TRP in order to enter or remain in Canada.