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immigration and citizenship
Admissibility and enforcement
Canada has a generous immigration policy, which includes reasonably open borders and an equitable system of justice and appeals. Enforcement activities are necessary, however, to protect the safety and security of Canadian society and to prevent abuse by those who attempt to bypass the legal immigration process.
Although enforcement is the responsibility of the Canada Border Services Agency (CBSA), setting policy on inadmissibility is shared by CIC and the CBSA. The CBSA is responsible for defining who is inadmissible for security reasons or for involvement in war crimes or organized crime. CIC is responsible for defining who is inadmissible for all other reasons.
Immigration officers of both CIC and the CBSA share responsibility for screening applicants and identifying inadmissibility.
Please see the CBSA Web site (www.cbsa-asfc.gc.ca) for information about such enforcement activities as intelligence, interdiction abroad, security, border control, arrest, detention, removals and hearings.
Who is admissible to Canada?
Canadian citizens, permanent residents and people registered under the Indian Act have the right to enter and remain in Canada. Other people wanting to come to Canada as permanent or temporary residents are permitted to enter Canada if they possess a valid visa (if required) and if they are admissible to Canada.
Who is inadmissible to Canada?
Individuals may be denied a visa, or refused entry to or removed from Canada on the following grounds:
- security reasons, including espionage, subversion, violence or terrorism, or membership in an organization involved in such activities;
- human or international rights violations, including war crimes or crimes against humanity, or being a senior official in a government engaged in gross human rights violations or subject to international sanctions;
- serious criminality involving an offence, or its equivalent, punishable by a maximum term of imprisonment of at least 10 years;
- criminality, including conviction for an offence or commission of a criminal act;
- organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering;
- health reasons, if their condition is likely to endanger public health or public safety, or might reasonably be expected to cause excessive demands on health or social services*;
- financial reasons, if they are unable or unwilling to support themselves and their family members;
- misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA);
- failure to comply with any provision of IRPA; or
- having an inadmissible family member.
*IRPA exempts certain groups from the excessive demands assessment. These include family class sponsored spouses, common-law partners and their dependent children, and Convention refugees and their family members, protected persons and persons in similar circumstances and their family members.
Examples of failure to comply with IRPA include the following:
- temporary residents who do not comply with conditions of entry—for example, they stay longer than authorized, or work or study without the necessary permits;
- permanent residents who do not comply with the residency obligation; and
- persons who have previously been deported and are seeking to enter Canada without written authorization.
What control measures does CIC use overseas?
By requiring all immigrants and many visitors to apply for visas before coming to Canada, CIC ensures that they meet the requirements of IRPA and its regulations and do not present any risk to Canada. Visitors from some countries are exempt from the visa requirement.
CIC and the CBSA also work with other countries, international organizations and airlines, sharing information on illegal migration, people smuggling and expertise in the verification of documents and interdiction.
What are background checks?
A background check is a normal part of the processing of permanent resident visas. The procedure is intended to bar the entry into Canada of criminals and security threats.
Background checks are done for all persons aged 18 or over before they receive a permanent resident visa. Documents used in these checks include the following:
- the application for permanent residence form;
- security, intelligence and criminal conviction records; and
- immigration records for persons who have violated immigration legislation.
Background checks may also be done before a visa is issued to a temporary resident applicant, if there is reason to believe that the person may be undesirable or prohibited by immigration law. For visitors from some countries, a waiting period is required for security checks before a temporary resident visa can be issued.
Can a criminal ever be considered rehabilitated?
A foreign national who is not allowed into Canada because of criminal activity or who has failed to pass a background check may be allowed into Canada if:
- the criminal activity was committed outside Canada and they are able to satisfy the minister of Citizenship and Immigration that they have been rehabilitated;
- the person was convicted of an indictable offence in Canada but has obtained a pardon from the National Parole Board; or
- there are reasons of national interest or strong humanitarian or compassionate grounds.
Requests for relief based on rehabilitation may be made at a visa office outside Canada, at a port of entry or at a local immigration office in Canada. Such a request usually requires proof that at least five years, and in some cases 10 years, have elapsed since the end of the sentence, and that further criminal activity is unlikely.
How do Canadian officials control people arriving at the border?
Canada has been working closely with the United States on measures under the Smart Border Declaration to improve border management, share information and develop processes to facilitate legitimate travel across our shared border, while targeting high-risk traffic. The CBSA is responsible for border control.
The Immigration and Refugee Protection Act gives officers the authority to:
- search travellers who lack adequate identity documentation;
- seize travel documents;
- seize vehicles that may be involved in immigration violations;
- detain persons who present a flight risk, pose a danger to the public or lack adequate identity documents;
- receive advance passenger information on travellers arriving in Canada for the purpose of identifying potential high-risk individuals; and
- prepare reports under IRPA on inadmissible persons and, in some cases, issue removal orders.
For information on admissibility hearings, detentions and removals, please see the CBSA Web site (www.cbsa-asfc.gc.ca/general/enforcement/menu-e.html).
What is a temporary resident permit?
A temporary resident permit may be issued to an inadmissible person to allow him or her to enter or remain in Canada, if their entry is justified by compelling circumstances and they are not a danger to public health or safety in Canada. Cost-recovery fees apply. This permit may be cancelled at any time, and the person may be subject to an admissibility hearing or a removal order. A permit is issued for a specified, often short, period—for example, for a week so that the person can attend a conference. However, it may be issued for up to three years, and extended before expiry.
Depending on the reason for inadmissibility, a permit holder who has lived continuously in Canada for three to five years under the authority of a valid temporary resident permit may be eligible to apply for permanent resident status.
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