If you are not a Canadian citizen, facing a criminal charge or conviction can significantly impact your immigration status in many ways. Here’s what you need to know:
Impact On Immigration Applications (Permanent Residency & Citizenship)
- Criminal Charges: An unresolved criminal charge can delay or negatively affect your application. However, criminal charges that result in a disposition short of conviction (for example, an acquittal at trial, a withdrawal or stay of charges, a peace bond, or a discharge) will not deem you inadmissible to Canada
- Criminal Convictions:If you are convicted of a charge (for example, either by way of pleading guilty or being found guilty after trial) then you will have a criminal record. Having a criminal record can make you “criminally inadmissible” and void a pending citizenship application altogether, thereby potentially preventing you from entering and/or staying in Canada
Factors Influencing Impact
The effect of a criminal record on your immigration status depends on several factors, including:
- the nature and severity of the offence
- the sentence received
- time elapsed since the offence
- evidence of rehabilitation
“Serious Criminality”
- Definition: Serious criminality involves crimes with a possible sentence of 10 years or more, or a sentence exceeding 6 months
- Examples: drug trafficking, violent offences, weapons possession, DUI
- Consequences: Convictions for serious crimes can lead to loss of permanent resident status and deportation, even for refugees. Immigration authorities may take steps to get a “removal order” against you, which is an order to remove you from Canada to another country
Status-Specific Consequences
- Temporary Residents: A criminal conviction can make you inadmissible, affecting your chances of becoming a permanent resident. You must clear your record before applying
- Permanent Residents & Protected Persons: A criminal record can lead to loss of status and deportation, especially for serious crimes. Sentences over 6 months result in no right of appeal
- Canadian Citizens: While citizens are generally not deported, criminal convictions can affect their ability to sponsor relatives for permanent residency
Key Points To Consider
Criminal charges and/or convictions do not automatically mean inadmissibly or deportation but they can raise red flags for immigration officials:
- Serious Crimes: Convictions for serious/violent offences will almost certainly lead to inadmissibility
- Multiple Offences: Repeated occurrences of even minor crimes (such as theft) can trigger additional scrutiny
- Pending Charges: In some situations, just being charged with a crime can affect status. Even without a conviction, pending charges can delay or prevent application approval
What Should You Do If You Are Charged With A Crime?
If you are charged with a crime, seek legal advice immediately to understand both criminal and immigration law implications. Understanding how criminality influences inadmissibility is crucial for protecting your residency in Canada.
Always disclose any arrests or charges in your immigration applications to avoid misrepresentation and potential inadmissibility.
For more detailed information, consult the Immigration and Refugee Protection Act and seek expert legal advice tailored to your specific situation. Our skilled legal team can help you navigate the complexities and protect your immigration status. Call us at (905) 541-2228 for a free consultation OR fill out our online intake form at the following link: Contact A Lawyer | Collett Read LLP | Criminal Lawyers.
