Medical inadmissibility refers to when a person is not allowed to enter or stay in Canada because their health condition does not meet immigration medical standards. There are three main grounds in Canada for medical inadmissibility:
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Danger to public health
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If the applicant has a contagious disease that could spread to others, for example, Tuberculosis
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Danger to public safety
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if the condition could cause unpredictable or violent behavior that threatens others, such as a severe mental health condition
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Excessive demand on health and social services
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If the person’s medical condition is likely to require costly or ongoing care above a set cost threshold (e.g. dialysis, long-term institutional care, special education, etc.)
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Applicants will undergo an Immigration Medical Exam (IME) conducted by an approved panel physician. If a potential issue arises, they are given an opportunity to submit a mitigation plan showing they can manage their condition without excessive public cost.
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Criminal inadmissibility refers to a situation where a person is not allowed to enter or remain in Canada because of past criminal activity. This applies to foreign nationals and permanent residents who are seeking to enter or remain in Canada.
There are 3 main causes of criminal inadmissibility:
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Convictions outside Canada that would be considered crimes if committed in Canada, based on the Canadian Criminal Code
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Convictions or offences inside Canada
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Serious criminality, for example, an offence punishable in Canada by a maximum term of imprisonment of at least 10 years, or a sentence of six months or more
If any of these apply to you, you may be denied entry to Canada, refused a visa for Canada, or removed from the country.
There are potential remedies for overcoming criminal admissibility in Canada:
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Deemed rehabilitation
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An automatic clearance after a certain number of years, if no further offences and the crime was minor
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Individual rehabilitation
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Submitting a formal application to IRCC to show reform and low risk of reoffending
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Record suspension (pardon)
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If granted in Canada, it can remove inadmissibility for that offence
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Temporary Resident Permit (TRP)
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Allows short-term entry despite inadmissibility if justified
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The Difference Between Criminality and Serious Criminality
Criminality
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Applies mainly to foreign nationals;
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Is less serious and often leads to rehabilitation sooner;
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A person has been convicted outside of Canada of an act that would be a crime in Canada (but not a serious one);
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A person has been convicted inside of Canada of an indictable offence (or two summary offences); or
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A person has committed an act outside of Canada that would be an indictable offence in Canada.
Serious Criminality
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Applies to foreign nationals and permanent residents of Canada;
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Is more serious and can result in the loss of permanent residence or removal from Canada;
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A person has been convicted inside of Canada of a crime punishable by a maximum term of imprisonment of 10 years or more, or actually received a sentence of 6 months or more;
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A person has been convicted outside of Canada of an equivalent offence that would meet the above threshold; or
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A person has committed an act outside of Canada that would be such an offence if committed in Canada.
Remedies
There are ways to overcome criminal inadmissibility should you need to enter Canada, these include:
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Deemed Rehabilitation - for individuals with a non-serious conviction outside of Canada, as long as enough time has passed. You may be deemed rehabilitated if:
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It has been 10 years or more since you completed your sentence (including probation, fines, etc.).
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The offence would be considered a non-serious crime in Canada (punishable by less than 10 years in prison).
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You have not committed or been convicted of any other crime.
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Individual Rehabilitation - for individuals who don't qualify for deemed rehabilitation, but can show they have reformed. You must show the following:
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At least 5 years have passed since completing your sentence.
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You are unlikely to commit new crimes.
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Temporary Resident Permit - for individuals who are still criminally inadmissible but have a valid reason to enter Canada temporarily. The following must be shown:
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There is a significant reason for your visit that outweighs the risk.
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Record Suspension (pardon) in Canada - For individuals convicted inside Canada.
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Granted by the Parole Board of Canada.
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Erases your record from most background checks.
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Eligibility: 5 years after sentence completion for summary offences / 10 years for indictable offences.
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Once granted, you’re no longer criminally inadmissible for that offence.
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Foreign Pardon or Discharge - For individuals convicted outside of Canada who later received a pardon or record expungement.
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Canada may recognize it if it’s equivalent to a Canadian record suspension.
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Not all pardons are accepted - especially if the process is political or doesn’t reflect rehabilitation.
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Misrepresentation refers to directly or indirectly providing false, misleading, or incomplete information to Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), or the Immigration and Refugee Board (IRB).
A person is considered to have misrepresented themself if they directly or indirectly misstate or withhold a material fact that could influence an immigration decision. This includes but is not limited to:
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Submitting false documents.
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Omitting information such as a previous visa refusal, criminal charge, or family member.
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Providing inconsistent statements on forms or during interviews.
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Having someone else submit false information on your behalf (even if you didn’t realize it was false).
Consequences of Misrepresentation
A finding of misrepresentation can lead to a five-year ban from entering or applying to come to Canada. Any existing applications may be refused, and permanent residents can have their status revoked. Misrepresentation can also make a person inadmissible under the Immigration and Refugee Protection Act (IRPA).
While misrepresentation is a very serious contravention of Canada's immigration regulations, in many cases there may be mitigating factors, such as:
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An unintentional or innocent error.
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Disclosure and cooperation.
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Humanitarian and compassionate considerations.
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The length of time the applicant has been in Canada and how established they are in Canada.
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Third-party responsibility.
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The nature and materiality of the misrepresentation.
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The applicant's character and credibility.
Although mitigating factors do not erase a finding of misrepresentation, they can have an effect on how harshly the finding is treated (whether to pursue enforcement, allow reconsideration, or grant humanitarian relief). In some cases, individuals may appeal (if eligible) or apply for reconsideration if the misrepresentation was unintentional or minor.
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An Authorization to Return (ARC) is an application for permission to return to Canada, required by individuals who were previously removed.
You may require an ARC if:
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You were issued a departure order.
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If you left Canada within 30 days and confirmed your departure with a Canadian immigration officer at the port of exit, you don’t need an ARC.
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If you did not leave properly or did not confirm your departure, the order automatically becomes a Deportation Order, and you will need an ARC.
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You were removed under an exclusion order and the one-year ban has not yet expired.
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If 12 months have passed since you left and you have a Certificate of Departure showing the date you left, you don’t need an ARC.
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If you want to return before the 12 months have passed or you don’t have proof of departure, you must apply for an ARC.
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You were issued a deportation order.
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This is the most serious removal order.
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You always need an ARC to return to Canada, no matter how long it has been since you left.
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Approval on an ARC application is not automatic. Even if you meet all eligibility requirements, the decision is discretionary to the reviewing immigration officer.
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Don't Navigate
Inadmissibilty Alone
Inadmissibility cases are often complex, technical, and fact-specific. We have the expertise to interpret immigration laws and policies, identify the specific grounds of inadmissibility and prepare the most appropriate legal strategy or remedy for your specific circumstances.
We can help you avoid procedural errors, missed deadlines, or misrepresentation, which can significantly delay or jeopardize your chances of overcoming inadmissibility.
