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Inadmissible means Canadian law does not allow you to enter or stay in Canada. The meaning is legal, not personal: an officer has found that one of the grounds in sections 34 to 42 of the Immigration and Refugee Protection Act (IRPA) applies to you. The most common grounds are a criminal record, misrepresentation on an application, and breaking the conditions of a visa or permit. Being inadmissible can lead to a refused visa, being turned away at the border, or a removal order. In many cases it can be fixed, but the fix depends on the ground. Our inadmissibility lawyers can tell you which one applies.
What does inadmissible mean in Canadian immigration?
Inadmissibility applies to foreign nationals (visitors, students, workers and applicants) and, for some grounds, to permanent residents. It is decided by officers at IRCC and CBSA, and in some cases at a hearing before the Immigration Division of the Immigration and Refugee Board.
It is different from simply not meeting a program’s requirements. If your study permit is refused because you did not show enough funds, you are not inadmissible; you can apply again with better documents. An inadmissibility finding follows you into future applications until it is resolved.
The grounds of inadmissibility
| Ground (IRPA section) | What it covers |
|---|---|
| Security (s. 34) | Espionage, terrorism, membership in certain organizations |
| Human or international rights violations (s. 35) and sanctions (s. 35.1) | War crimes, senior officials of designated regimes, people under Canadian sanctions |
| Serious criminality (s. 36(1)) | Offences punishable in Canada by up to 10 years or more; for permanent residents, also prison terms over six months |
| Criminality (s. 36(2)) | Most other offences, including two or more summary convictions |
| Organized criminality (s. 37) | Membership in criminal organizations, people smuggling, trafficking |
| Health (s. 38) | Danger to public health or safety, or excessive demand on health or social services |
| Financial reasons (s. 39) | Unable or unwilling to support yourself and your family |
| Misrepresentation (s. 40) | Giving false information or hiding a material fact |
| Non-compliance (s. 41) | Overstaying, working or studying without authorization, breaking a condition |
| Inadmissible family member (s. 42) | A family member who is inadmissible, in some cases |
Criminal inadmissibility
Canada looks at what your offence would be under Canadian law, not what it was called where it happened. A conviction abroad, and in some cases an act committed abroad without a conviction, can make you inadmissible if the Canadian equivalent is an offence.
Impaired driving is the example most people miss. Since December 18, 2018, the maximum sentence for impaired driving in Canada is 10 years, so a DUI committed on or after that date counts as serious criminality. Our guides on entering Canada with a DUI and criminal rehabilitation explain the options.
The Supreme Court of Canada has set two rules that help some permanent residents. In Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, it held that a conditional sentence served in the community is not a “term of imprisonment”, and that the maximum sentence is the one in force when the offence was committed. IRCC applies both rules (IRCC Tran guidance).
Can a permanent resident be inadmissible?
Yes, but for crimes only on the ground of serious criminality (IRPA s. 36(1)). Ordinary criminality applies to foreign nationals, not permanent residents. A permanent resident is inadmissible if they are convicted in Canada of an offence with a maximum sentence of 10 years or more, or sentenced to more than six months in prison for any offence. Equivalent convictions or acts outside Canada also count.
A hybrid offence is treated as indictable, even if the Crown proceeded summarily. Assault causing bodily harm, for example, carries a 10-year maximum, so a conviction is serious criminality even with a short sentence. Discharges, peace bonds, acquittals, stays of proceedings and findings of not criminally responsible are not convictions. A suspended sentence is.
After a conviction, an officer may write a section 44 report, and the Minister’s delegate decides whether to refer it to the Immigration Division for a hearing. A deportation order ends permanent resident status. There is no appeal to the Immigration Appeal Division if the crime was punished in Canada by a prison term of at least six months, or if the finding rests on a conviction or act outside Canada (IRPA s. 64(2)). A conditional sentence does not count as prison time (Tran).
If you are a permanent resident facing charges, speak to an immigration lawyer before you plead guilty or are sentenced.
Misrepresentation and the five-year ban
Misrepresentation means giving false information or leaving out a material fact that could lead to an error in applying the law (IRPA s. 40). It covers fake documents, an undeclared refusal from another country, an undisclosed spouse or child, and a false job offer. It applies even if someone else, such as an agent, made the mistake without your knowledge.
The Federal Court reads section 40 broadly. Applicants have a duty of candour, are responsible for what they sign, and a misstatement can be material even if it was caught before a decision. There is only a narrow exception for an honest and reasonable mistake about something you could not have known (Goburdhun v. Canada (Citizenship and Immigration), 2013 FC 971, para. 28; Brar v. Canada (Citizenship and Immigration), 2016 FC 542).
The consequence is serious: you are inadmissible for five years from the final refusal (or from the date a removal order is enforced), and you cannot apply for permanent residence during that period. Before deciding, IRCC usually sends a procedural fairness letter. That letter is your chance to answer; read what to do if you get a letter from IRCC.
Health, financial and other grounds
Health. You can be inadmissible if your condition is a danger to public health or safety, or if it might cause excessive demand on health or social services. The excessive demand threshold is three times the average Canadian per capita cost. Sponsored spouses, partners and dependent children, refugees and protected persons are exempt from the excessive demand part, but not from the public health and safety parts.
Financial. Applicants who cannot show they can support themselves and their family can be found inadmissible.
Non-compliance. Overstaying, working without a permit, or studying without authorization makes you inadmissible under section 41. This is the most common ground we see among people already in Canada, and it can often be fixed by restoration or through a sponsorship.
Family members. If your spouse or dependent child is inadmissible, you may be too, even if your own record is clean.
How do you find out if you are inadmissible?
Usually through a decision: a refusal letter that cites a section of IRPA, a procedural fairness letter, being refused entry at the border, or, for permanent residents, a report under section 44. You can request your GCMS notes (IRCC’s file notes) through an access to information request to see the officer’s full reasons. If you have a record and have not applied yet, a lawyer can review your court documents and tell you before you travel or apply.
Can you overcome inadmissibility?
Often, yes. The right route depends on the ground (IRCC: overcome criminal convictions):
- Deemed rehabilitation: automatic after enough time for some offences abroad, generally 10 years after one indictable-type offence, if it is not serious criminality in Canada.
- Individual rehabilitation: an application you can make five years after your sentence (including probation) ends.
- Temporary resident permit (TRP): lets you enter or stay for a justified reason when you are still inadmissible. See our guide on TRPs for Americans.
- Record suspension: for Canadian convictions, through the Parole Board of Canada.
- Humanitarian and compassionate (H&C) relief: possible for some grounds, but not for security, human rights, sanctions or organized crime.
- Ministerial relief: for some security and organized crime findings, under section 42.1.
- Waiting out the bar: for misrepresentation, the five-year period ends on its own.
A permanent resident facing a removal order may have an appeal to the Immigration Appeal Division; see “Can a permanent resident be inadmissible?” above for when that appeal is lost.
Common questions
What does “inadmissible to Canada” mean on a refusal letter? It means the officer found one of the IRPA grounds applies. The letter should name the section; that tells you which fix is available.
Is a DUI enough to make me inadmissible? Yes. A DUI committed on or after December 18, 2018 is serious criminality in Canada, so deemed rehabilitation is not available; you need individual rehabilitation or a TRP.
Can I apply again if I was found inadmissible for misrepresentation? Not for permanent residence until five years have passed, unless you succeed in challenging the decision.
Get advice before you apply or travel
Inadmissibility is easier to fix before a refusal than after one. Our immigration lawyers in Abbotsford, Surrey and Vancouver review records, respond to procedural fairness letters, prepare rehabilitation and TRP applications, and challenge refusals in the Federal Court. Book a consultation.
This article is general information about Canadian immigration law, not legal advice for your situation.
Related: Can you go to Canada with a DUI? · Criminal rehabilitation in Canada · Temporary resident permits for Americans