Until you obtain Canadian citizenship, you run the risk of being removed from the country — regardless of whether you are a permanent or temporary resident. In this article, you will learn who and for what may become inadmissible to Canada.
Canadian immigration officers may declare foreigners and immigrants inadmissible when the latter apply for a visa or cross the border. Such persons will be prohibited from entering Canada and from residing in the country. In this case, temporary or permanent residents lose their immigration status and Canadian residence permit.
Why You May Be Inadmissible⠀⠀⠀⠀
Canadian immigration officials have the right to declare inadmissible those who:
- Pose security risks: are engaged in espionage, subversion, violence or terrorism, are members of an organization that is engaged in such activities.
- Violate human or international rights: are accused of war crimes or crimes against humanity, are senior officials of the government involved in such crimes or subject to international sanctions.
- Committed a crime punishable by a maximum term of imprisonment of at least 10 years in or outside Canada. Such crimes include, for example, driving under the influence of drugs, marijuana or alcohol, armed assault, drug trafficking, sexual assault, burglary, fraud or theft in the amount of more than C$5 thousand. Those who committed a crime and were sentenced in Canada to more than 6 months of imprisonment also become inadmissible.
- Are involved in organized crime or are members of an organization that takes part in organized criminal activity.
- Endanger public health or safety (have an infectious disease, tuberculosis, syphilis, or has been in contact with carriers of these diseases, have a disease associated with a sudden loss of physical or mental abilities, with unpredictable or aggressive behaviour).
- Have a major illness that causes excessive demand on health or social services — more than C$20,517 per year in 2019. Refugees and sponsored family members (dependent children and spouses) are exempt.
- Are unable to support themselves and dependent family members (the minimum amount can vary depending on the immigration program).
- Are accused of misrepresentation: have provided false information or withheld information related to immigration to Canada.
- Failed to comply with any provision of the Immigration and Refugee Protection Act (IRPA), for example, a temporary resident has stayed in Canada for longer than allowed, a permanent resident has been outside Canada for too long, or a previously deported person is trying to enter Canada without an Authorization to Return to Canada (ARC).
- Have an inadmissible family member: if one of the family members has become inadmissible for one of the reasons listed above, the whole family will be prohibited from entering Canada. ⠀
When You Can Return to Canada
Your inadmissibility period and your ability to return to Canada in the future depends on the type of the Removal Order you received from the Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA).
There are three types of Removal Orders:
- Departure Order: this order means you must leave Canada within 30 days after the order comes into force. You must check in with a CBSA member at the airport. If you do everything right, you can easily return to Canada in the future. If you do not leave Canada within 30 days or do not register with CBSA, your Departure Order will automatically become a Deportation Order.
- Exclusion Order: this order means you can return to Canada within a year only after obtaining an Authorization to Return to Canada (ARC). However, if you received this order due to misrepresentation, you will not be able to return to the country within 5 years.
- Deportation Order: this order means you are forbidden to return to Canada for good. However, you can apply for an ARC.
If you have gotten one of these orders, you can appeal to the Immigration and Refugee Board of Canada (IRB).