Canada ensures that all foreign nationals meet admissibility requirements before entering the country. IRCC and the Canadian Border Services Agency (CBSA) prioritize securing the country’s borders. And they can refuse entry to individuals deemed a potential risk. Additionally, a person may be considered medically inadmissible if they threaten public health or safety. Or have a condition that strains health and social services.
You can apply in just 60 seconds – Take the free online assessment test and find out the best immigration options for you.
Inadmissibility of Family Members
All family members, whether part of the family class or spousal sponsorship immigration candidates, must undergo an examination. Including a medical assessment and a determination of admissibility for criminal or security reasons. Typically, applicants and family members aged 18 and above must provide police certificates or records of non-conviction.
In cases where an accompanying or non-accompanying family member is inadmissible, the applicant may not be able to enter Canada. For non-accompanying family members, a principal applicant becomes inadmissible if the inadmissible non-accompanying family members are:
- Dependent children, for whom the applicant or their accompanying family member has custody or the authority to act on their behalf.
- Dependent grandchildren, for whom the applicant or their accompanying family member has custody or the authority to act on their behalf.
- Spouses (unless legally or factually separated).
- Common-law partners.
Whether accompanying or non-accompanying, an inadmissible family member will not render a principal applicant inadmissible if both of the following conditions apply:
- The principal applicant is a temporary resident or a temporary resident applicant.
- The inadmissibility is not due to security, human or international rights violations, or organized criminality.
You can apply in just 60 seconds – Take the free online assessment test and find out the best immigration options for you.
IRPA distinguishes between permanent and temporary residents regarding the inadmissibility of a family member. Permanent residents face a broader scope of factors leading to inadmissibility. It reflects the intent to stay in Canada and the opportunity to sponsor family members. In contrast, temporary residents are expected to leave after their stay and cannot sponsor family members.
What to Do If Your Family Member Faces Inadmissibility to Canada
It’s crucial to disclose if a family member is inadmissible to Canada on your application, as failure to do so may cause misrepresentation.
To address inadmissibility, several options are available, including:
- Temporary Resident Permit (TRP): A TRP provides temporary access to Canada for a limited duration, typically up to three years, depending on the purpose of entry. This option is suitable when a foreign national has a valid reason to enter Canada, and the benefits outweigh the potential risks to Canadian society. Applying for a TRP can occur at any point and doesn’t require completing a criminal sentence.
- Criminal Rehabilitation Application: This application, submitted to the federal government, permanently clears past criminal history for entry into the country. Once approved, you are no longer considered inadmissible to Canada, eliminating the need for a TRP. Eligibility for criminal rehabilitation requires meeting the following criteria:
- Five years have passed since the sentence’s completion, including jail time, fines, community service, or probation.
- Committing an act outside Canada is equivalent to an offence under the Canadian Criminal Code.
- Being convicted or admitting to committing the act.
- Legal Opinion Letter: If a person anticipates inadmissibility due to a committed or convicted crime, a Legal Opinion letter can be submitted preemptively. This document, drafted by a Canadian immigration lawyer, references relevant sections of Canadian law. It outlines the consequences of a guilty verdict and explains how it would impact Canadian immigration. The letter assists the deciding authority in understanding the implications of various charges, convictions, and sentencing on the person’s eligibility to enter Canada.
