Reason 47 of 50 · Statutory inadmissibility and serious legal grounds
Classified asIRPA section 36 - statutory inadmissibility
Certain convictions or acts committed in or outside Canada can make a foreign national criminally inadmissible, depending on Canadian legal equivalency and the facts.
Criminal inadmissibility is a legal threshold issue, not a normal “ties” problem. IRCC notes that criminal conduct, including impaired driving in some circumstances, can affect admissibility.
Exact offence, jurisdiction, conviction/disposition, sentence, date completed, Canadian equivalent and whether rehabilitation/record-suspension rules may apply.
The same situation, presented two ways. The right-hand column is what a reapplication needs to look like.
Obtain complete court/police records and legal advice where needed. Some applicants may be eligible for deemed rehabilitation, individual rehabilitation or a temporary resident permit depending on the circumstances.
Assuming an offence is “minor” because it was minor in the home country; omitting charges/convictions; relying on a local police certificate alone to determine Canadian legal equivalency.
Two offences with similar labels can have different Canadian consequences; exact legal analysis matters.
You cannot fix a reason you have not read. Your GCMS notes contain the officer's own words about your file, and requesting them is free — we publish every step.
[S11], [S12]. This page is general information, not legal advice.Certain convictions or acts committed in or outside Canada can make a foreign national criminally inadmissible, depending on Canadian legal equivalency and the facts.
Criminal inadmissibility is a legal threshold issue, not a normal “ties” problem. IRCC notes that criminal conduct, including impaired driving in some circumstances, can affect admissibility.
Exact offence, jurisdiction, conviction/disposition, sentence, date completed, Canadian equivalent and whether rehabilitation/record-suspension rules may apply.
Obtain complete court/police records and legal advice where needed. Some applicants may be eligible for deemed rehabilitation, individual rehabilitation or a temporary resident permit depending on the circumstances.
Assuming an offence is “minor” because it was minor in the home country; omitting charges/convictions; relying on a local police certificate alone to determine Canadian legal equivalency.
No. IRCC states that refiling the same information will likely not change the decision. A reapplication has to answer the specific concern the officer recorded — which is why you should read your GCMS notes first and find out exactly what that concern was.
Most refusals cite more than one concern, and only one of them is usually decisive. Your GCMS notes say which. Get them free, or send them to us and we will tell you exactly what to fix.