Criminal charges and your immigration status

If you are a Canadian citizen, a criminal charge affects your record. If you are not, it can also affect your right to stay in Canada. Permanent residents, workers, students and visitors can all be found inadmissible because of a conviction, in Canada or abroad.

The immigration result often turns on decisions made in the criminal case: which offence you plead to, how the Crown proceeds, and what sentence is imposed. That is why the immigration side should be considered before a plea or sentencing, not after.

Criminal defence lawyers: Manny prepares written immigration opinion letters for counsel, including letters used at sentencing hearings. See immigration opinion letters for criminal defence counsel.

Permanent residents. Under the Immigration and Refugee Protection Act, a permanent resident is inadmissible for serious criminality if convicted in Canada of an offence with a maximum sentence of at least 10 years, or if a term of imprisonment of more than six months is imposed. Inadmissibility can lead to an admissibility hearing, a removal order and loss of permanent residence.

Workers, students and visitors. Foreign nationals can be inadmissible for a single conviction for an indictable or hybrid offence, or for two convictions arising from separate events. This can affect extensions, new permits and permanent residence applications.

Impaired driving. Since December 18, 2018, most impaired driving offences carry a maximum sentence of 10 years, so a conviction can now amount to serious criminality for immigration purposes.

Citizenship. Outstanding charges, a recent conviction, probation or a sentence being served can delay or prevent a grant of citizenship.

These rules turn on fine details: the exact offence, the Crown’s election, the sentence and the timing. A sentence that looks lenient in criminal terms can still have serious immigration consequences.

Yes. A permanent resident found inadmissible for serious criminality can usually appeal the removal order to the Immigration Appeal Division, which can weigh humanitarian and compassionate factors such as family in Canada and how long you have lived here. Under section 64 of the Act, that appeal is not available where the crime was punished in Canada by a term of imprisonment of at least six months.

For many permanent residents, that six-month line matters more than anything else in the criminal case. If you have already been found inadmissible, see inadmissibility hearings and removal order appeals.

Depending on the circumstances, people who are inadmissible for criminality may be able to apply for individual rehabilitation (generally at least five years after the sentence ends), rely on deemed rehabilitation, apply for a temporary resident permit, or seek a record suspension for Canadian convictions. See inadmissibility.

• He advises permanent residents and other non-citizens on the immigration impact of a charge, before a plea or sentence, when it can still make a difference.
• He prepares immigration opinion letters for criminal defence lawyers and law firms.
• He represents people at admissibility hearings, on removal order appeals and at detention reviews.

Manny also acts in some criminal matters, with immigration consequences in mind.