If there are any inadmissibility concerns in your profile, that/those may affect your application to visit, study, work or live permanently in Canada. Even after your application is approved and then you are found inadmissible under any ground (which will be stated below) your entry to Canada might / will be denied. Therefore, you must know the relevant reasons / rules regarding the inadmissibility concerns to avoid any misfortunes with your Canada Immigration applications. 

You could be found inadmissible for several reasons. Here I will try to summarize the reasons, their relevant Acts (Immigration and Refugee Protection Act, IRPA) under which they are defined and what are the possible removal orders if anyone is found inadmissible.

To know more about removal orders, please read this article.

To know more about Authorized to Return Canada (ARC), please read this article

Please note, idmissiblily concerns are really very vast and critical to deal with. Therefore, I personally suggest that you should consider seeking expert advise your preferred practioner. This article can help you to understand the basic at the best.  

 

Ground:  Security. Ref: IRPA 34(1)

The grounds may include:

·        engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests.

·        engaging in or instigating subversion by force of any government.

·        engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada.

·        engaging in terrorism.

·        being a danger to the security of Canada.

·        engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

·        being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to the above activities.

Removal order for the above ground: Deportation.

 

Ground:  Human or international rights violations. Ref: IRPA  35(1)

The grounds may include: 

·        war crimes

·        crimes against humanity

·        genocide

·        being a senior official in a government engaged in gross human rights violations or subject to international sanctions

Removal order for the above ground: Deportation.

 

Ground:  Sanctions. Ref: IRPA 35.1 (1)

The grounds may include: 

•         their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a person, entity or foreign state against which or whom Canada has imposed or has agreed to impose sanctions in concert with that organization or association;
•         they are currently the subject of an order or regulation because of:

Ä      a grave breach of international peace and security has occurred that has resulted in or is likely to result in a serious international crisis.

Ä      gross and systematic human rights violations have been committed in a foreign state.

Ä      a national of a foreign state who is either a foreign public official or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of corruption — including bribery, the misappropriation of private or public assets for personal gain, the transfer of the proceeds of corruption to foreign states or any act of corruption related to expropriation, government contracts or the extraction of natural resources — which amount to acts of significant corruption when taking into consideration, among other things, their impact, the amounts involved, the foreign national’s influence or position of authority or the complicity of the government of the foreign state in question in the acts.

Ä      complicit in extrajudicial killings, torture or other gross violations of internationally recognized human rights committed against individuals. Whether doing by self or acting as an agent of or on behalf of a foreign state in a matter relating to such activities will fall under sanctions.

Ä      materially assisted, sponsored, or provided financial, material or technological support for, or goods or services in support of, an activity as mentioned in the above points (previous four bullet points).

Removal order for the above ground: There is no removal order for them, they simply cannot come to Canada unless their sanction has been lifted.

 

Ground:  Serious criminality. Ref: IRPA 36 (1)

The grounds may include: 

•         having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.
•         committing* an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
•         having been convicted** of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
•         If committed an impaired driving offence on or after Dec 18, 2028.

*  Committing a crime is the original crime. Later, the person may or may not plead guilty, may or may not be found guilty after the formal investigation and trial by the proper authority.

** A conviction is a finding by a competent authority that the accused person is guilty of an offence.

Removal order for the above ground: Deportation. But conditional departure for the refugee claimants, nothing happens unless the claim is in progress or being finalized.  

 

Ground:  Other criminality. Ref: IRPA 36 (2)

The grounds may include: 

·        having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence.

·        having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.

·        committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

·        If committed an impaired driving offence before Dec 18, 2028.

Removal order for the above ground: Deportation. But conditional departure for the refugee claimants, nothing happens unless the claim is in progress or being finalized.  

 

Ground:  Organized criminality. Ref: IRPA 37 (1)

The grounds may include: 

•        being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or
•         engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

Removal order for the above ground: Deportation.

 

Ground:  Health. Ref: IRPA 38 (1)

The grounds may include: 

•         is likely to be a danger to public health.
•         is likely to be a danger to public safety; or
•         might reasonably be expected to cause excessive demand ($26,220/ year according to 2024) on health or social services.

Exception: Medical inadmissibility rules for excessive demand reasons don’t apply to:

•         refugees and their dependents
•         protected persons
•         certain people being sponsored by their family, such as dependent children, spouses and common-law partners

Removal order for the above ground: Exclusion. But conditional departure for the refugee claimants, nothing happens unless the claim is in progress or being finalized.  

 

Ground:  Financial. Ref: IRPA 39

The grounds may include: 

·        if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

Removal order for the above ground: Exclusion. But conditional departure for the refugee claimants, nothing happens unless the claim is in progress or being finalized.  

 

Ground:  Misrepresentation. Ref: IRPA 40(1)

The grounds may include: 

•         directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
•         being or having been sponsored by a person who is determined to be inadmissible for misrepresentation.
•         on a final determination to vacate a decision to allow their claim for refugee protection or application for protection.
•         Citizenship was ceased due to obtaining PR through fraudulent route.

Removal order for the above ground: Exclusion. But conditional departure for the refugee claimants, nothing happens unless the claim is in progress or being finalized.  

 

Ground:  Non-compliance with Act. Ref: IRPA 41

The grounds may include: 

•         in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
•         in the case of a permanent resident, through failing to comply with residency obligations with respect to every five-year period.

Removal order for the above ground:

•         Exclusion /conditional departure for the non-compliance with the visa / work / study conditions.
•         Departure if PR residency obligation is not met.
•         Deportation if fails to obtain Authorization To Return (ARC).

 

Ground:  Inadmissible family member. Ref: IRPA 42(1)

The grounds may include: 

·        Accompanying or non-accompanying family members (except PR and protected persons) are also inadmissible.  

Removal order for the above ground: Same as the family member who found inadmissible.

Disclaimer: The above article is based on various government sources including but not limited to the references mentioned within the article and below. Therefore, there might be some portions of the write-ups directly quoted from the original source(s) but with no intention of copyright. The entire article has been written with the intention of making it easier to understand by the common people who does not practice Canada Immigration Law or work as licensed practitioner

The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.    

References:

https://laws.justice.gc.ca/eng/acts/i-2.5/page-6.html#docCont

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=152