Introduction
A criminal conviction can have serious consequences on the ability for permanent and temporary residents to remain in Canada. Permanent residents and foreign nationals can be deported following a single criminal conviction. If you or someone you know is facing a criminal charge, retain a competent criminal defence lawyer immediately.
Immigration in Canada: Permanent Residents vs Foreign Nationals
The Immigration and Refugee Protection Act (the “IRPA”) governs immigration in Canada. Under IRPA, a foreign national is defined as a person who is not a Canadian
citizen or a permanent resident. If you have a study or work permit, or if you are a visitor, you are a foreign national under this legislation. A permanent resident is a person who has acquired permanent residency status.
Criminality, Serious Criminality, and Other Types of Criminality
Sections 36 and 37 of IRPA govern the rules regarding the inadmissibility of permanent residents and foreign nationals. A person who is inadmissible may be subject to a removal order and deportation.
Permanent residents and foreign nationals do not have to receive a jail sentence to be deported.
If you are a permanent resident or a foreign national, you will be considered inadmissible if:
- you are convicted in Canada of an offence under any federal legislation for which the maximum punishment is 10 years of imprisonment or more (e.g. fraud over $5,000, sexual assault, impaired driving); or
- you receive a jail sentence in Canada of more than six months.
If you are a foreign national (i.e. a visitor or here on a study or work permit), you are also inadmissible if:
- you are convicted in Canada of an indictable offence under any federal legislation (fraud over $5,000, sexual assault, impaired driving, drug offences); or
- you are convicted of two offences under any federal legislation not arising out of the same incident.
For the definition of indictable offences, read our previous blog: What is the Difference Between Summary and Indictable Offences: A Crucial Guide for an Accused.
What Happens When a Criminal Conviction Renders You Inadmissible
Once a conviction is registered on your criminal record, a Canada Border Services Agency officer may prepare a report setting out the conviction. This report will be provided to the Minister of Citizenship and Immigration. The Minister may decide to hold an admissibility hearing. At the end of that hearing, a removal order will be issued once the Minister confirms that the foreign national or the permanent resident has been convicted or sentenced as set out above.
A removal order is enforceable the moment it is issued and remains enforceable unless it is stayed.
What You Can Do to Protect Your Status
For anyone who is not a Canadian citizen, being charged and convicted of a crime can have serious consequences on their ability to remain in Canada. It is important to hire experienced criminal defence lawyers to help avoid these impacts.
Reach out to the experienced criminal defence lawyers at Filkow Law for advice. We offer multilingual legal services, including Mandarin Chinese, Cantonese, Hindi, Punjabi and Urdu.
