Canada Immigration (IRCC) does not allow some people to come to Canada. They are known as “inadmissible” under Canada’s immigration law. Immigration lawyer Evelyn Ackah provides Canada immigration inadmissibility law services to assist people who IRCC has determined to be medically inadmissible or criminally inadmissible.
There are many reasons you may not let into Canada, such as:
- you are a security risk
- you have committed human or international rights violations
- you have been convicted of a crime, or you have committed an act outside Canada that would be a crime
- you have ties to organized crime
- you have a serious health problem
- you have a serious financial problem
- you lied in your application or in an interview
- you do not meet the conditions in Canada’s immigration law
- one of your family members is not allowed into Canada
Normally, if you are inadmissible to Canada, you will not be allowed to enter. If you are refused entry to Canada because of some of those reasons, there may still be ways to enter the country.
Canada’s immigration rules include 40-year old medical inadmissibility act that tries to ensure immigration applicants to Canada do not cause “excessive demand” on publicly funded health and social service programs, say Canada disabilities activists. The policy is estimated to save about $135 million over a five-year period of medical costs, about 0.1% of all provincial and territorial health spending. Human rights groups and opponents of the current policy believe it is discriminatory based on international human rights treaties. In addition, opponents say immigration officers do not apply rules consistently, and further training is required.
Immigration lawyer Evelyn Ackah explains,
“Managing costs is an important factor the government considers when assessing immigration applicants. Balancing cost is our countries values of family unification. Especially when families and children are involved, it’s vital fair and reasonable standards that do not discriminate be given to the immigration officers who are evaluating the cases.”
Immigration Minister Ahmed Hussen told the Canada House of Commons immigration committee this is an “important and sensitive” issue and said,
“From a principled perspective, the current excessive demand provision policy simply does not align with our country’s values of inclusion of person with disabilities in Canadian society.”
The current immigration medical inadmissibility does not factor in a person’s willingness or ability to pay for health services because there is presently no cost-recovery system in place. Those denied admission due to excessive demand exceeded Immigration Canada’s average individual health and social services usage guideline of $6,655 annually.
For example, those who have been convicted of one crime may consider gaining access to Canada by being “deemed” rehabilitated. This is going to depend on how long it has been since the crime was committed. If enough time has passed since all of the conditions of the sentence for the conviction were met, you may be eligible for deemed rehabilitated.
Border officers are given a lot of discretion on this issue. They have authority to ask about the type of crime, whether you are guilty of multiple crimes, and even discuss the stability of your life. They are also going to consider if you are likely to commit another crime, and the length of time since you committed a crime. Often, if it has been ten years or more since the conviction and all conditions have been satisfied, you will be granted deemed rehabilitated status.
Some people take a risk and wait until they are entering Canada to find out if they qualify for deemed rehabilitation status. Rather than wait, it is best to apply for a determination of individual rehabilitation.
This is a formal decision made before you reach the border by Canadian consular officials. You must apply for it, and it must be at least five years since you completed all of the requirements of the sentence, such as paying any fines and completing parole.
You may also get a pardon or discharge from the state or country where you were convicted. This too can allow you to obtain that re-entry, but only the IRCC office may accept that and not the Officer at the border.
If it has been less than five years since your court sentence was completed and you have a compelling reason to enter Canada, you may be able to obtain a Temporary Resident Permit. This is a document that allows you to enter and remain in Canada despite your status as inadmissible.
Immigration lawyer Evelyn Ackah explains,
“Your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.”
Permits are issued for fixed periods of time, and you must leave Canada by the expiry date or get a new one before the original document expires. Obtaining a Temporary Resident Permit requires an application to be submitted. As with all applications, there are fees associated with Temporary Resident Permits.
Do you have questions about Canadian immigration?
We Can Help
Evelyn Ackah is an immigration lawyer and expert who can review your particular case, and help you determine the best course of action. As the founder and managing lawyer at Ackah Business Immigration Law, Evelyn Ackah helps you understand your rights and interpret and navigate Canadian immigration law. To find out more about how to apply for Canadian citizenship and how to move to Canada: