Criminal Charges Can Lead to Deportation

Facing criminal charges for non-citizens can not only result in fines, probation, or jail time; it can also lead to deportation and inadmissibility. Understanding how criminal charges impact immigration status is crucial for permanent residents, temporary residents, and individuals with pending immigration applications.

Under the Immigration and Refugee Protection Act (IRPA), non-citizens convicted of certain criminal offences may be considered inadmissible to Canada, potentially leading to removal orders and re-entry bans. Criminal inadmissibility pertains to foreign nationals convicted of a crime punishable by indictment under Canadian law, or two summary convictions that do not stem from the same incident. For greater clarity, non-citizens are:

• Permanent residents
• Refugee claimants
• Work or study permit holders
• Visitors (tourists)
• Foreign nationals seeking permanent residence

Examples of criminality:

• Impaired driving (DUI) if prosecuted by indictment
• Simple assault
• Theft or fraud under $5,000
• Mischief causing damage

To gain a clearer understanding of the consequences a person might face if charged with a criminal offence, I’m going to provide a non-exhaustive list of examples for various types of non-citizens.

Permanent Residents: A serious criminal offence conviction can result in the loss of permanent resident status and subsequent removal from Canada. If a removal order is issued, appeal rights may be limited or nonexistent in cases where the sentence exceeds six months. Once deported, re-entry into Canada is typically prohibited.

Refugee Claimants: A criminal conviction may disqualify an individual from filing a refugee claim. Additionally, even if granted refugee status, a conviction for serious criminal misconduct can trigger cessation proceedings, leading to potential removal from Canada.

Temporary Residents (Workers, Students, Visitors): Criminal charges may lead to visa cancellation or removal from Canada. Furthermore, even pending charges can impede or prevent the renewal of work or study permits.

Sponsorship: Criminal convictions can render applicants inadmissible when applying for permanent residence, regardless of family sponsorship in Canada.

Therefore,if you are a non-citizen charged with a criminal offence, it is crucial to take immediate legal action:

• Do Not Plead Guilty Without Legal Advice
• Consult both a criminal defence lawyer and an immigration lawyer to assess your options.
• Seek Alternative Resolutions

In conclusion, a criminal charge can jeopardize your immigration status, leading to inadmissibility, removal orders, and even deportation. Because the consequences are severe, taking every legal measure to protect your status in Canada is essential. Seeking legal counsel from both a criminal and immigration lawyer at the earliest stage can significantly improve your chances of avoiding deportation and maintaining your ability to stay in Canada.

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