4. Learn about inadmissibility
Question & AnswerI’ve applied to sponsor someone outside Canada. What happens next?
Immigration, Refugees and Citizenship Canada (IRCC) decides whether your or is . This could mean that they cannot become a .
IRCC looks at the results of the medical exam to decide if your relative or family member is inadmissible because of a health condition. The person then must show IRCC that they're not a health risk to people in Canada.
Demand for services
They may also need to show that they won't place what IRCC calls “excessive demand” on Canada's health or social services. For example, they could show they have enough money to pay for medical and other services they need.
IRCC usually decides about demand based on the cost of health and social services. These situations are complicated. So, you need to get legal advice.
When IRCC does not consider demand
The rules about excessive demand on Canada's health and services don’t apply to everyone. For example, they don't apply if you're sponsoring:
- your , , or
- your dependent children or your partner's dependent children
Security reasons, human rights violations, or crime
IRCC can decide that someone is for:
- security reasons
- violations of human or international rights
- involvement in organized crime
If any of these reasons might apply to the person you want to sponsor, get legal advice.
Your relative or family member may be inadmissible to Canada if they have:
- been convicted of a crime
- committed a crime, even if they were not convicted
- been charged with a crime and not yet had their trial
A crime committed outside Canada counts if it's also a crime in Canada. The law about this is complicated and you need to get legal advice.
A crime might not count against someone if one of the following applies:
- They received a pardon or record suspension.
- Enough time has passed since they completed their and the crime was not very serious. This is called deemed rehabilitation.
- They apply to IRCC for rehabilitation after what the law calls a “cooling period”. They need to show that they won't commit crimes in the future.
There are other reasons you can use when asking IRCC to overlook any criminal activity that makes you inadmissible. You can mention health reasons, financial reasons, or misrepresentation on humanitarian and compassionate (H&C) reasons. But the law about this is complicated and you need to get legal advice.
Someone who applies for permanent residence in Canada has to show that they'll be able to support themselves and their without social assistance.
This could be a problem for sponsors who are getting income support from the Ontario Disability Support Program (ODSP).
Someone who applies for permanent resident status must give IRCC information that:
- is true and correct, and
- includes everything that's required.
Not doing this might be considered misrepresentation by IRCC.
If IRCC finds out about any misrepresentation, they'll refuse the application for permanent residence. And the person must wait 5 years before they can apply again.
If someone becomes a permanent resident before IRCC finds out about the misrepresentation, they could:
- lose their status in Canada, and
- be forced to leave.
If you could be inadmissible because of misrepresentation, you can ask IRCC to overlook this based on humanitarian and compassionate (H&C) reasons. But the law about this is complicated and you need to get legal advice.
Inadmissible family member
If your sponsorship application includes more than one person, for example, your spouse and children, they'll all be inadmissible if one of them is inadmissible. Get legal help if a family member is inadmissible.