How Criminal Charges Affect Immigration Status in Canada

Learn how criminal charges affect immigration status in Canada. Understand your legal risks and contact De Boyrie Law today.

Criminal charges can have serious consequences for anyone living in Canada, but for non-citizens — including permanent residents, temporary residents, and refugee claimants — the stakes are even higher. A criminal charge or conviction can directly impact a person’s immigration status, potentially leading to inadmissibility, detention, or removal from Canada. Even minor offences can jeopardize your future in the country.

If you are facing criminal charges and have not yet obtained Canadian citizenship, it is essential to understand how the immigration system treats criminal conduct. A criminal defence lawyer who understands the intersection between criminal law and immigration law can play a critical role in protecting both your legal rights and your ability to remain in Canada. It is also critical to also speak with an immigration lawyer for immigration law advice.

This article provides a comprehensive overview of how criminal charges can affect immigration status in Canada, including which offences trigger immigration consequences, how inadmissibility is determined, and what defence options may be available.

Criminal Inadmissibility in Canada

Under the Immigration and Refugee Protection Act (IRPA), individuals who have committed or been convicted of a crime may be deemed “inadmissible to Canada.” Criminal inadmissibility can prevent a person from entering the country, applying for permanent residency, sponsoring family members, or remaining in Canada as a temporary or permanent resident.

There are two main categories of criminal inadmissibility:

• Criminality
• Serious criminality

What is Criminality?

Criminality applies when a non-citizen is convicted of an offence in Canada that is punishable by indictment or when the equivalent offence abroad would be indictable under Canadian law. Even offences that are prosecuted summarily can contribute to a finding of inadmissibility if multiple convictions occur.

Examples of criminality include:

• Theft
• Mischief
• Assault
• Driving under the influence (DUI)
• Drug possession (depending on the substance and amount)

A single conviction of a summary offence does not typically lead to criminal inadmissibility, but two or more summary convictions may be sufficient.

What is Serious Criminality?

Serious criminality has more severe consequences and applies to:

• Any conviction in Canada for which the maximum sentence is 10 years or more, or
• Any conviction that results in a sentence of more than six months’ imprisonment.

Examples include:

• Aggravated assault
• Drug trafficking
• Fraud over $5,000
• Robbery
• Sexual assault
• Firearm offences

In cases of serious criminality, permanent residents may lose their immigration status and be subject to removal proceedings.

Consequences of Criminal Charges for Immigration Status

Even before a conviction, a criminal charge can result in several immigration-related consequences. These include:

1. Delay or Denial of Permanent Residence Applications
Individuals applying for permanent residency may have their application delayed or denied if criminal charges are pending, even if no conviction has occurred. Immigration officials may wait until the charges are resolved before making a decision.

2. Revocation of Permanent Resident Status
If a permanent resident is convicted of a serious offence and deemed inadmissible under IRPA, the government can issue a removal order. In many cases, individuals lose their right to appeal if they are sentenced to six months or more in jail.

3. Denial of Citizenship Applications
Canadian citizenship applications require a clean criminal history. If you are charged or convicted of a criminal offence, your application may be denied or postponed until you are eligible to reapply.

4. Ineligibility for Work or Study Permits
Temporary residents may become ineligible to renew or extend their permits due to criminal charges. This includes international students, temporary foreign workers, and visitors.

5. Removal from Canada
If the Canada Border Services Agency (CBSA) determines that you are criminally inadmissible, you may receive a removal order. Once issued, you could be deported and barred from returning to Canada for several years.

6. Immigration Detention
In some cases, individuals facing serious criminal charges may be held in immigration detention, especially if they are considered a flight risk or threat to public safety.

How a Criminal Defence Lawyer Can Help Protect Your Immigration Status

The decisions made in your criminal case can directly impact your ability to stay in Canada. That’s why it is critical to work with a criminal defence lawyer who understands how criminal charges affect immigration status and can tailor your legal strategy accordingly.

An experienced lawyer can:

• Negotiate with the Crown to reduce charges to a non-deportable offence
• Seek alternatives to conviction, such as diversion or conditional discharge
• Advise you on the immigration consequences of any plea deal
• Help you avoid a custodial sentence that could trigger inadmissibility
• Work with your immigration lawyer to ensure consistency in your defence

The goal is not only to defend you in court but to protect your future in Canada.

Conditional Discharges and Immigration Implications

One important option in criminal sentencing is a conditional discharge. A discharge means you are found guilty but not convicted of the offence. After successfully completing the terms of the discharge, no criminal record is left on file.  A discharge does not automatically eliminate immigration risks, but it is often a more favourable outcome than a conviction.

Minimizing the Risk of Removal

If you are already a permanent resident or temporary resident, the risk of removal can be reduced by taking certain proactive steps:

• Retain legal counsel immediately after being charged
• Avoid entering guilty pleas without legal advice
• Request sentencing options that avoid jail time or convictions
• Work with your lawyer to apply for a record suspension (formerly a pardon) when eligible
• If removal proceedings have started, consult an immigration lawyer to explore appeals, stay motions, or Humanitarian and Compassionate applications

Why Choose De Boyrie Law

At De Boyrie Law, we understand the serious consequences that criminal charges can have for individuals who have not yet obtained Canadian citizenship. Our firm is committed to helping clients navigate criminal proceedings with a clear understanding of the immigration consequences involved. We work closely with immigration counsel where necessary to ensure your criminal defence strategy does not jeopardize your ability to live, work, or study in Canada.

Whether you are a permanent resident, refugee claimant, or temporary visa holder, our legal team is here to help you protect your rights, your future, and your immigration status.

Schedule a Free Consultation with De Boyrie Law

If you are facing criminal charges and are concerned about your immigration status, do not wait to seek legal advice. Contact De Boyrie Law today for a free, confidential consultation. We will assess your case, explain your legal options, and work to protect your future in Canada.