Prohibitions on Entering Canada

Prohibitions on Entering Canada
Table of Content

Planning to visit or move to Canada? It’s important to be aware of the prohibitions on entering the country. Even if you have a valid visa or passport, you may be denied entry if you are inadmissible to Canada.

Inadmissibility can stem from various factors, including criminal records, medical conditions, financial circumstances, security considerations, and family ties. This guide will provide a comprehensive overview of Canada’s entry prohibitions, ensuring you understand the eligibility requirements for entering the country.

Understanding Prohibitions and Grounds for Inadmissibility

Someone may be inadmissible to Canada due to:

  • Criminal inadmissibility: Convictions for crimes in Canada or another country, including serious crimes or crimes against humanity, can result in permanent inadmissibility.
  • Medical inadmissibility: Serious medical conditions that could pose a danger to public health or safety, or require excessive use of health or social services.
  • Financial inadmissibility: Inability or unwillingness to support oneself and family members in Canada.
  • Security inadmissibility: Being considered a threat to national security or public safety, such as involvement in terrorism, espionage, or other serious crimes.
  • Family inadmissibility: Having certain family members who are inadmissible to Canada, such as a spouse or common-law partner.

Who can be barred from entering Canada?

Individuals who fall under the prohibitions on entry to Canada include those deemed to pose a threat to public health, safety, or security. This may encompass individuals with:

  • A criminal record, particularly for serious crimes such as murder, manslaughter, rape, sexual assault, terrorism, and drug trafficking.
  • A serious medical condition that could pose a danger to public health or safety, or require excessive use of health or social services.
  • An inability or unwillingness to support themselves and their family members in Canada.
  • Ties to organized crime or terrorist groups.
  • A history of misrepresenting themselves on immigration applications or failing to comply with Canadian immigration law.

 

Criminal inadmissibility

Criminal inadmissibility constitutes the most prevalent reason for individuals being barred from entering Canada. This stems from the application of prohibitions against individuals convicted of criminal offenses, whether in Canada or another country, depending on the severity of the crime. Examples of offenses that can lead to criminal inadmissibility include:

  • Murder
  • Manslaughter
  • Rape
  • Sexual assault
  • Terrorism
  • Drug trafficking
  • Human trafficking
  • Organized crime
  • Fraud
  • Theft
  • Assault
  • Driving under the influence of alcohol or drugs

Criminal inadmissibility can be temporary or permanent, depending on the crime. For some crimes, such as murder and terrorism, criminal inadmissibility is permanent. For other crimes, such as theft and assault, criminal inadmissibility may be temporary, depending on the circumstances of the crime and the offender’s rehabilitation.

Medical inadmissibility

Medical inadmissibility applies to people with serious medical conditions that could pose a danger to public health or safety, or require excessive use of health or social services. Some examples of medical conditions that can lead to medical inadmissibility include:

  • Tuberculosis
  • HIV/AIDS
  • Certain mental illnesses
  • Contagious diseases
  • Chronic diseases that require expensive or specialized treatment

Medical inadmissibility is usually temporary and can be overcome if the person’s medical condition improves or if they can provide proof that they have adequate health insurance.

Financial inadmissibility

Financial inadmissibility applies to people who are unable or unwilling to support themselves and their family members in Canada. This includes people who have a history of bankruptcy or who are unemployed.

To overcome financial inadmissibility, the person must be able to show that they have enough money to support themselves and their family members in Canada. They can do this by providing proof of employment, savings, or investments.

Security inadmissibility

Security inadmissibility applies to people who are considered to be a threat to national security or public safety. This may include people who have been involved in terrorism, espionage, or other serious crimes.

Security inadmissibility is usually permanent and can be difficult to overcome. However, there are some cases where the person may be able to obtain a waiver of inadmissibility, particularly if they can show that they have rehabilitated and no longer pose a threat to Canada.

Family inadmissibility

Family inadmissibility applies to people who have certain family members who are inadmissible to Canada. This includes people whose spouse, common-law partner, or child is inadmissible to Canada.

The prohibitions associated with family inadmissibility can be overcome if the inadmissible family member departs Canada or if the individual seeking entry applies for a waiver of inadmissibility.

Other reasons for inadmissibility

  • Misrepresenting on immigration applications
  • Failing to comply with Canadian immigration law
  • Being a member of an organization that is considered to be a threat to national security
  • Being a person of interest in a criminal investigation