Table of Contents
1. About the Guide
2. Introduction
Maintaining and regularizing immigration status in Canada
- Appeals and Judicial Reviews
- Refugee and Person in Need of Protection Claims
- Humanitarian and Compassionate (H&C) Application
- Temporary Resident Permit (TRP) Application
- In-Canada Spousal and Common-Law Partner Sponsorship
- Renewing or restoring a temporary visa or permit
- Open Work Permit for Vulnerable Workers (OWPVW) Application
- Other ways to maintain status with an open work permit
- Public Policies and Pilots
What is an immigration arrest warrant?
What powers can police, CBSA and security guards have in arrest and detention
Understanding where CBSA may apprehend you
- What happens if CBSA comes to my home?
- What happens if CBSA comes to my shelter?
- What happens if CBSA stops me in a public place (street, shopping mall, park, etc.)?
- What happens if CBSA stops me while I am driving or riding a bike?
- What happens if CBSA stops me while I am a passenger in a car?
- What happens if CBSA stops me on public transit?
- What happens if CBSA comes to my children’s school?
- What happens if CBSA comes to my workplace?
- What are my rights if I am arrested or detained?
- If I am arrested, can CBSA search or take my belongings?
- Can I be released after arrest without being sent to immigration detention?
- What happens if CBSA says I am not going to be released?
- How can I get a lawyer for detention review hearings if I can’t afford one?
- Who can be a bondsperson?
9. Appendix A: Key terms and definitions
11. Appendix C: Undocumented Workers' rights at work
12. Appendix D: List of resources
13. Appendix E: Benefits and entitlements chart
What are the grounds of “inadmissibility” in Canada?
“Inadmissible” is a term used for the reasons that the Immigration Act determines that people cannot enter or remain in Canada such as medical, financial, criminal or non-compliance with immigration law. A CBSA officer may write up a report saying you are inadmissible for:
- financial reasons (you do not have funds to support yourself and your dependents without relying on social assistance)
- medical reasons (danger to public health or safety, or excessive demand on health or social services if you do not fit into one of the exceptions)
- you didn’t comply with immigration law (worked/studied without a permit, overstay)
- criminality: if you do not have permanent status in Canada, you can be criminally inadmissible for convictions (not charges) for a wide variety of criminal offences, including assault, theft under $5000, uttering threats, mischief and some drug offences. These are just some examples, and it is very important to get legal advice about immigration consequences before pleading guilty to any charges.
- serious criminality: If you have no-status in Canada, or even if you are a permanent resident, you could be inadmissible due to “serious criminality” for convictions (not charges) for more serious offences such as assault with a weapon, assault causing bodily harm, sexual assault, driving under the influence, theft over $5000, more serious drug related offences, or for any offence for which you got a sentence of more than six months in jail. These are just some examples, and it is very important to get legal advice about immigration consequences before pleading guilty to any charges.
- organized criminality, security reasons or international human rights violations
- misrepresentation (providing false information/document or withholding relevant information in an immigration application or proceeding)
Even if you aren’t inadmissible for any of the above reasons, if your spouse or dependent child is inadmissible, that might make you inadmissible too. For example, if your family member is medically or criminally inadmissible, then you would be inadmissible as well even though you yourself don’t have any medical conditions or criminal convictions. There are some exceptions to the application of this type of inadmissibility in certain types of applications (such as applying for permanent residence as a protected person). Please get legal advice about whether family member inadmissibility applies to your particular situation, and if it does, what options you might have to overcome that inadmissibility. It is best to get this advice before you submit any application to Immigration. Usually, after you make an application, Immigration will send you a letter telling you that you may be inadmissible and providing the grounds of inadmissibility and give you a deadline to reply. It is very important to get legal advice and reply to this type of letter (even telling them you need more time if you can’t meet the original deadline is important).
A common ground of inadmissibility is non-compliance with immigration laws (such as overstaying). If there are criminal charges or convictions, you don’t have identity documents, or you have missed immigration appointments in the past, there is a risk of detention at this interview.
How can I overcome inadmissibility?
The options for undocumented and non-status people to overcome inadmissibility depend on the ground of inadmissibility. For example, if inadmissibility is based on criminality for a conviction in Canada you may be able to apply for a record suspension (not everyone qualifies for a record suspension and there are waiting periods after completing a sentence). If the criminal inadmissibility is based on overseas charges or convictions, you may be deemed rehabilitated or apply for rehabilitation (depending on the type of crime and length of time that has passed and other factors).
If inadmissibility is based on medical grounds or overstaying a visa, you can try submitting an H&C or TRP application and resolving your status in Canada before your report goes to the Minister’s Delegate for review and issuance of a removal order (note though that you can’t predict the timelines on this, and an order could be issued before your applications are decided). The best thing to do is get legal advice about the options open to you to regularize your status and overcome any inadmissibility that might apply to your circumstances. If your inadmissibility is based on misrepresentation, you will be barred from making any application for 5 years. Get legal advice to understand your situation and options.
