Inadmissibility

Types of Inadmissibility in Canada

JUMP TO SECTION: Medical Inadmissibility | Deportation

Criminal Inadmissibility

Under Canada’s immigration law, you may not be allowed into Canada if you have committed or been convicted of a crime. This includes both minor and serious crimes. To determine if your conviction renders you inadmissible, you must first equate the crime to Canada’s laws to understand the severity of the offence if it were to have occurred in Canada. In Canada, there are three types of offences: summary, hybrid and indictable. Summary convictions are offences which are considered less serious under the Criminal Code of Canada, such as causing a disturbance, harassing phone calls, or trespassing at night. The maximum penalty for a summary offence is usually a $5,000 fine and six months in jail. Indictable offences are the most serious type of offence in Canada and can lead to a life sentence. Some examples of an indictable offence are murder or high treason. Hybrid offences under the criminal code, such as impaired driving, theft under $5,000.00,  or sexual assault mean that the Crown may choose to proceed either by indictment or summary conviction.

If your offence falls under a hybrid offence in Canada, which covers the majority of the Criminal Code of Canada offences, it will always be considered as an indictable offence by Canadian Immigration and therefore, render you inadmissible to Canada.

If you are inadmissible to Canada, there are two primary options available to you: Criminal Rehabilitation and Temporary Resident Permit. In most cases:

• If five years have passed since the end of your criminal sentence, you may be eligible to apply for criminal rehabilitation, a permanent wipe of your criminal inadmissibility to Canada. 

• If less than five years have passed, and you have a valid reason to enter Canada, you can request a temporary resident permit. An officer will decide if the reason for entry need to Canada outweighs the safety risks to Canadians and Canadian society. 
  
  

In some cases, you may be deemed rehabilitated. Though you do not have to apply for deemed rehabilitation, you should be sure you qualify before entering Canada. To be eligible for deemed rehabilitation, you must: 

• Have only one conviction or committed only one crime 

• At least ten years have passed since you completed all sentences, this include fees, restitution, and jail time 

• The offence you committed is not considered serious in Canada 

• The offence did not involve any serious property damage, harm to any person or any weapon 

Medical Inadmissibility

There are three possible reasons for medical inadmissibility: danger to public health, danger to public safety and excessive demand on health or social services. If an officer believes you may be medically inadmissible, you will receive a letter explaining the reasons why. This is called a procedural fairness letter. This process can affect anyone applying to visit, study, work or live in Canada. 

The most frequent cause of medical inadmissibility is excessive demand. This is established by the cost of health or social services predicted to treat or manage your condition against Canada’s set threshold. In 2020 the cost threshold increased to $21,204 per year or $106,020 over five years. If your treatment exceeds this amount, you may receive a procedural fairness letter. This letter will be received before a final decision is made, and you will have the opportunity to submit information to overcome the officer’s concerns. You may provide evidence to show that your health condition is cured or improved, or the cost or kind of medication and services used has changed. Receiving an assessment of medical inadmissibility can be overwhelming, but with the right documentation and legal arguments, it can be overcome. It is essential to provide as much favourable evidence as possible. 

Refugees and their dependents, protected persons and dependent children, spouses and common-law partners being sponsored are exempt from the rules for excessive demand. 

Deportation

If you have received a removal order from Canada, you may need an Authorization to Return (ARC) if you wish to return. There are three types of removal orders: Departure Order, Exclusion Order and Deportation Order. 

• If you received a Departure Order and left Canada without verifying your departure or more than 30 days have passed since the Departure Order was issued and you are still in Canada, the Departure Order automatically becomes a Deportation Order, and you will need to apply for an ARC. 

• If you received an Exclusion Order and 12 months have not passed since your departure from Canada, or you do not have a Certificate of Departure, you need to apply for an ARC.

• If you have received a deportation order, you will always need to apply for an ARC.

The officer will assess a variety of reasons in determining whether an ARC will be issued. This includes the reason for your removal, the possibility of repeat behaviour, length of time since your removal, your current situation, and why you would like to enter Canada. If you are required to repay the government any costs relating to your remove, you will be told the amount when your application is being processed.