Canada is known as an immigration-friendly country, with multicultural communities and strong legal framework protections. All permanent residents, temporary residents, and even applicants of the immigration programs must realize that an arrest or conviction has serious consequences for those seeking immigration status in Canada-deportation in the worst case. Hence, keeping in mind how Canadian immigration law deals with criminal behavior will help much in protecting your legal status and future in Canada.
This blog explains dangers that deportation can induce by committing a crime while in Canada, what offenses may lead to removal, and what immigrants can do to guard themselves.
Convictions That Matter with Immigration
Here there I am Sukhvir Singh serving as the Best Criminal Lawyer Brampton. Today I will share my knowledge about Deportation risk after a criminal convicition in Canada and will end all doubts of my blog readers. All matters of criminal conduct with regard to immigration into Canada are governed by the Immigration and Refugee Protection Act (IRPA). The IRPA stipulates that a foreign national with certain specified offenses may be found inadmissible on criminal or serious criminal grounds. Once one becomes declared inadmissible, one faces the risk:
- Of Losing permanent residency status
- Going through an order of removal
- Refused entry into Canada (this includes applicants or returnees)
Even permanent residents, who normally seem to be safe in their status, are not immune to deportation if their conviction reaches the threshold set by the IRPA. In my last article which I published a day ago related to What is Youth Criminal Justice in Canada? has helped many aspiring lawyer to get clear about the subject, and I hope this article will too help new young lawyers to end their doubts in the field of Law.
Criminality Grounding Deportation Measure
Not all convictions for criminal offenses are grounds for removal from the country. Some offenses have added weight. “Risk” in removal depends not only on the nature and seriousness of the offending act, but also on the penalty attached to it and whether it derives from within or outside Canada.
Criminality
- If a permanent resident, or foreign national, has:
- Been convicted of an offence in Canada punishable by indictment
- Has two or more summary convictions committed in Canada
- Been convicted outside Canada against an act that would be an indictable offence in Canada
- The person is inadmissible on criminal grounds. Criminality includes offences such as assault, theft, impaired driving, or fraud; this will depend on the facts and the seriousness.
Serious Criminality
- More serious offenses are classified as serious criminality, such as:
- Conviction in Canada with a term of 6 months or longer
- Offences punishable in Canada by a maximum prison term of at least 10 years
- Convictions in another country that would be deemed serious offences under Canadian law
- Serious criminality greatly increases the chances of deportation order, even with permanent residents who have lived in Canada for a long time.
Impact on Permanent Residents
Permanent residents establish different rights, but this status is seldom out of scrutiny. Almost each crime conviction, especially the most serious ones, triggers a judgment of inadmissibility. Consequences:
- An admissibility hearing before the Immigration Division
- A removal order, oftentimes, a deportation order
- Lose permanent resident status when the removal order becomes enforceable
Permanent residents found inadmissible on serious criminality grounds do not have a right of appeal to the Immigration Appeal Division (IAD) if the sentence received was for six months or more. The case can thus be made strong for the latter being harsh loss meaning one major safety net is gone in other instances.
Effects on Temporary Residents
Regarding temporary residents, namely students, workers, and visitors, more susceptible they are. The immediate effect of a criminality is:
- Loss of their temporary status
- Revoke their study or work permits
- Removal from Canada
- Ineligible for future immigration applications
One conviction for impaired driving could strike down temporary residency depending on penalties imposed.
Criminal Convictions outside Canada
If there is a criminal record in a foreign country, even then, Canadian authorities will judge the crime or offence according to Canadian laws. Hence, if such an act is illegal and highly serious as per Canadian laws, any person may be declared inadmissible. It includes:
- Permanent residents who returned to the country after an overseas trip
- PR applicants going through background checks
- Applicants for temporary resident visas
What is viewed as minor elsewhere might be considerable by Canada, depending on the equivalency.
Order of Removal Process
If immigration officers find a person inadmissible by virtue of criminal conduct, such a finding might lead to the officer referring the matter to the Immigration Division for an admissibility hearing. The panel will then decide whether the person is in fact inadmissible. If the panel so finds the person inadmissible, the order that follows could either be:
- Departure Order: The person must leave Canada within 30days; would be permitted to re-enter given authorization.
- Exclusion Order: The person is prohibited from coming back for one year (otherwise, it could be longer).
- Deportation Order: Most severe, requires Authorization to Return to Canada (ARC), and usually prohibits such travel even for life.
Once the deportation order becomes enforceable, the individual loses his/her permanent resident status.
The measures against appeal, often blunted in some other cases, allow for the right of appeal for a permanent resident, provided that he/she has not been convicted of serious criminality, i.e., offences leading to detention for six months and above, organized crime, national security threats, human rights violations, or any of such similar charges laid against him/her.
In cases with appeal rights, the Immigration Appeal Division must address humanitarian and compassionate factors which relate to:
- Length of Canada’s Stay
- Family Connections
- Work Experience
- Rehabilitation
- Difficulties Due to the Removal
Where the appeal is won, either the removal order will be quashed, or stays with conditions will be set.
Criminal Rehabilitation and Suspensions from Record
That means criminal rehabilitation may still be open to eligible immigrants with serious criminal penalties-those that do not primarily reside in Canada but who have since fulfilled the requisite period outside Canada. This essentially quash any inadmissibility consideration of such an old conviction. In parallel, for cases concerned within Canada, either instead of suspension or pardon, these grants of relief do not directly lift inadmissibility, although may assist in ameliorating the consequences of a given immigration issue.
It must be shown in the application for rehabilitation that, prima facie, the subject has good conduct and it is of settled nature, and that any further risk of re-offending is most unlikely.
What to Do for Immigrants Charged or Convicted for Crimes
Throughout serious consideration must be taken to any charge against one having immigration status for any crime. Recommended acts include:
- Engaging the assistance of a criminal lawyer having knowledge of immigration consequences.
- Avoiding a guilty plea without legal advice having in mind the criminal and immigration consequences.
- Should one hear from the Canada Border Services Agency (CBSA), it is time to obtain counsel.
- Gathering documents to support rehabilitation, community support, and evidence of good character.
- Gaining an understanding of the long-term immigration impacts on any immigration application, travel, and permanent residency.
This intervention provides protection to the affected party from losing one’s status or facing deportation.
Protecting Your Future in Canada Through Knowledge and Responsibility
The immigration consequences are of great importance, and there can be deportation risks after a criminal conviction in Canada. While Canada shows sympathy and has laid out numerous avenues for carving one’s life pathways, immigration schemes exhibit iron realism when public interest and criminality are placed on the table.
Presently, it is imperative for any temporary or permanent resident to study how his/her criminal activity impacts immigration rights. The moment criminal charges are raised-for an upcoming charge, for prior indictments abroad, and also for disputes over admissibility-the decisions made can only be knowledgeable with strong legal representation. Knowing the laws on one hand and a swift action on the other may determine your salvation in staying in Canada or being removed.
Keeping these thoughts in mind and staying one step ahead, being responsible will give immigrants a great opportunity to be the defenders of their future while contributing toward nurturing a truly vibrant and diverse Canadian society.
