Canada’s immigration policies, administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA), ensure that all foreign nationals meet admissibility criteria before entering the country. Both agencies work to safeguard Canada’s borders and can deny entry to anyone deemed likely to pose a risk, whether for criminal, medical, or security reasons. A foreign national may be found inadmissible if they are considered a danger to public health or safety, or if they might place excessive demand on Canadian health and social services.
Inadmissibility Based on Family Members
When applying for immigration under the family class or spousal sponsorship programs, the admissibility of all family members—whether accompanying or not—must be assessed. This includes undergoing medical examinations and checks for criminal or security issues. Typically, applicants and family members over 18 must provide police certificates or records confirming they have no criminal convictions.
An applicant may be denied entry if a family member, whether accompanying or not, is deemed inadmissible. In the case of non-accompanying family members, an applicant can still face inadmissibility if their spouse, common-law partner, dependent children, or dependent grandchildren are inadmissible, even if they are not accompanying the applicant.
However, certain exceptions exist. If the applicant is a temporary resident or a temporary resident applicant, the inadmissibility of a non-accompanying family member may not automatically result in the applicant being deemed inadmissible, unless the reason is related to security, human rights violations, or organized criminal activity.
Distinction Between Permanent and Temporary Residents
The Immigration and Refugee Protection Act (IRPA) distinguishes between permanent and temporary residents regarding family member inadmissibility. Permanent residents are typically subject to broader inadmissibility rules as they plan to stay in Canada and may sponsor family members. Temporary residents, on the other hand, are expected to leave at the end of their stay and cannot sponsor family members during their time in Canada.
What to Do if a Family Member is Inadmissible
If a family member is found inadmissible, this must be disclosed in the immigration application. Failing to do so could result in misrepresentation. However, applicants have several options to overcome inadmissibility:
- Temporary Resident Permit (TRP): A TRP allows temporary access to Canada for a set period and can be granted for up to three years. It’s usually approved if the foreign national has a valid reason to enter and the benefits outweigh any risks to Canadian society.
- Criminal Rehabilitation Application: This process permanently clears a person’s criminal record for the purpose of Canadian immigration. A successful application means the individual is no longer inadmissible and does not need a TRP. Applicants must meet the following criteria:
- Committed an offense outside Canada equivalent to a Canadian criminal offense.
- Been convicted or admitted to the act.
- Five years must have passed since completing the sentence.
- Legal Opinion Letter: A Canadian immigration lawyer can issue a legal opinion letter detailing how a past conviction or charge may affect immigration eligibility. This document helps authorities understand how the law applies to the case and may prevent inadmissibility findings.
It’s essential for applicants to understand these options and take proactive steps to address any potential issues with family member inadmissibility before applying for Canadian immigration.