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Types of Inadmissibility

Types Of Inadmissibility

An inadmissible person is a person who is not allowed to enter or immigrate to Canada for one of several reasons. Understanding these rules is the key to helping foreign nationals overcome criminal inadmissibility.

A foreign national can be inadmissible to Canada if he or she is involved in criminal activities, for security reasons, criminal charges, financial reasons, health grounds, misrepresentation of the immigration application in the past, or through association with inadmissible family members.

Types Of Inadmissibility For A Foreign National:

  • Security
  • Human or International Rights Violations
  • Criminality
  • Organized Criminality
  • Financial Reasons
  • Misrepresentation
  • Inadmissible Family Member

Security Inadmissibility

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.

Human or International Rights Violation

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, or 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.

Criminality

A foreign national will be considered inadmissible to Canada if they have been punished for at least ten years for a criminal act committed outside Canada, or if they commit an indictable offence while in Canada.

You will be inadmissible if you violate any of the following acts:

  • The Criminal Code of Canada
  • The IRPA
  • The Firearms Act
  • The Customs Act
  • Controlled Drugs and Substances

Furthermore, if you are found guilty of any serious criminality, a Canadian immigration officer will place you on the inadmissible person’s list. Not to mention, in case of any criminal offences, the Canadian government is liable to punish offenders.

Organized Criminality

According to the Canadian IRPA, a person will be inadmissible to Canada if he/she is involved in a 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 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.

Health Grounds

According to the 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.

Financial Reasons

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.

Misrepresentation

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:

  • Represented by a person who is inadmissible for misrepresentation
  • Fraud or knowingly concealing material information

Inadmissible Family Member

If a foreign national is accompanied by an inadmissible family member, then he/she will be inadmissible as well. You will be held inadmissible if:

  • Your accompanying family member is inadmissible. The non-accompanying family member can be the spouse of a foreign national, the dependent child of a foreign national, or anyone dependent on the foreign national.
  • You are accompanying a family member of an inadmissible person.

Non Compliance With The Immigration and Refugee Protection Act

A foreigner or permanent resident will be inadmissible if he/she fails to comply with the IRPA. Here is how a person can be inadmissible:

  • If you are a foreign national and violated a provision of the IRPA directly or indirectly
  • If you are a permanent resident and failed to comply with IRPA