Pathway finder
Face an inadmissibility hearing: A criminal charge or conviction
Deadline
Appeals and court reviews have short deadlines, often 15 to 60 days from the day you receive the decision. Call early.
Routes people usually look at
1
Contesting the allegation at the hearing
For example, whether a foreign offence really matches a serious Canadian offence, or whether the conviction is final.2
An appeal to the Immigration Appeal Division (IAD)
For permanent residents and some others, if a removal order is made. There is no appeal for serious criminality where the sentence in Canada was imprisonment of at least six months, or for some offences committed outside Canada.3
Judicial review in Federal Court
Where there is no IAD appeal. The deadline is generally 15 days for a decision made in Canada.4
Advice before a plea or sentence
If criminal charges are still open, the sentence can affect immigration consequences. Your criminal lawyer and immigration lawyer should talk before any plea.
What’s usually involved
- Read the report and notice to appear, and note the hearing date.
- Get the full criminal record: charges, court records, sentence.
- Check whether the offence and sentence take away the right to appeal.
- Prepare evidence and arguments for the hearing.
- If a removal order is made, file any appeal or judicial review within the deadline.
Documents you’ll typically need
Timing
Watch the hearing date and the 30-day IAD appeal deadline. A record suspension, a final acquittal and youth sentences generally do not count as convictions for this purpose. Hearings are scheduled by the Board; see the IRB hearings page.
Common pitfalls
- Pleading guilty to a charge without immigration advice
- Assuming a short sentence always keeps the right to appeal
- Missing documents from the criminal court file
- Not attending the hearing, which can lead to a removal order in your absence
This is general information, not legal advice about your situation.
Talk it through with Manny
Deadlines are short, so book or call early. Bring this summary. Consultations in English, Punjabi and Hindi.