Phyllis Ramkumar, Immigration Consultant, Former CIC Officer.
To be inadmissible to Canada simply means that you will be denied entry to Canada, a visa or an Electronic Travel Authorization if you are applying from outside Canada. If you are found to be inadmissible from inside Canada you may be removed from Canada, depending on the severity of the inadmissibility.
Inadmissibility may occur when you violate the Immigration and Refugee Protection Act or failure to comply with any provision of the Act. Failure to comply with the Immigration and Refugee Protection include temporary residents who come to Canada to work, study or visit and remain beyond the period they are authorized to stay. The individual is found to be in violation of IRPA as he/she does not comply with the requirement of the visa or permit.
Permanent residents of Canada who do not meet the requirements of their permanent resident status are also in violation of the Immigration Act, (IRPA for failure to comply with the requirement of their permanent resident status. This situation renders the permanent resident inadmissible which can eventually result in a removal order made against the individual.
When a foreign national or a temporary resident is determined to be inadmissible, a report is written against the person by an Immigration Officer. The report is then forwarded to a Minister’s delegate who upon examination of the report determines if a removal order should be made against the person. In the case of permanent residents who are in violation of their residency obligation, or a permanent resident with criminal convictions, these individuals have the right to appeal their decision of the removal order, to the Immigration Appeal Division.
Temporary residents such as worker permit holders, student permit holders, and visitors do not have the right to appeal to the Immigration Appeal Division but can request a judicial review at the Federal court.
Individuals who have been deported from Canada requires an Authorization to Return to Canada (ARC) in order to be admitted to Canada. The deportation order issued against the individual renders him/her inadmissible to Canada.
The various types of inadmissibilities have different levels of penalties. These penalties can be overcome if you are able to fulfill the legal requirements outlined in the Immigration Act and Regulations. If an Immigration Officer is satisfied that the requirements are met, then you may no longer be barred from entering Canada. If you are currently in Canada, then no enforcement action will be taken against you and you will be allowed to remain in Canada.
Phyllis Ramkumar is currently a Registered Immigration Consultant with Immigration Consultants of Canada Regulatory Council. Prior to her role as an Immigration Consultant, she was a former Senior Immigration Officer with the Department of Immigration, Refugee, and Citizenship Canada.
For more information please call Mrs. Phyllis Ramkumar @ 647-822-7495