Foreign Nationals

A foreign national is someone who is not a Canadian citizen or permanent resident. A foreign national is deemed inadmissible for criminality if they have been convicted in Canada of an offence under an Act of Parliament punishable by indictment, or if they have been convicted of two separate offences under any Act of Parliament that did not result from a single incident. The following immigration consequences may apply:

1. Criminal Inadmissibility: A foreign national convicted of a criminal offence may be deemed criminally inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). This can result in the denial of visa applications, refusal of entry into Canada, or deportation. Even a convictions for minor offences, such as impaired driving or theft, can lead to inadmissibility.

2. Removal Orders: Upon conviction, a foreign national may face a removal order, meaning they are required to leave Canada. If issued a deportation order, the individual may not be allowed to return to Canada without prior authorization from the government (Authorization to Return to Canada or ARC).

3. Loss of Immigration Status: A foreign national on a temporary status, such as a student or work permit holder, can lose their status if convicted of certain criminal offences. This will make them ineligible to renew or extend their permit, and they may be required to leave the country.

4. Denied Applications for Permanent Residence:Criminal convictions can impact an individual’s ability to apply for or maintain permanent resident status. A foreign national with a conviction may be denied a permanent residence application, including under immigration programs such as Express Entry or Family Sponsorship.
   

Permanent Residents

Permanent residents in Canada enjoy many rights similar to Canadian citizens. However, criminal convictions can still jeopardize their status and lead to serious immigration consequences, such as:

1. Criminal Inadmissibility: A permanent resident or foreign national may be inadmissible on grounds of serious criminality under the IRPA if they have been convicted in Canada of an offence under an Act of Parliament that is punishable by a maximum prison term of at least 10 years, or if they have been convicted of an offence for which a prison sentence of more than six months has been imposed. Criminal inadmissibility can result in a removal order, which may lead to the loss of permanent resident status.

2. Deportation: If a permanent resident is convicted of a serious offence, they may face deportation from Canada. Once deported, they may be barred from re-entering Canada without special permission.

3. Loss of Permanent Resident Status: Permanent residents can lose their status in Canada if convicted of serious criminal offences. Even after many years of living in Canada, a criminal conviction can lead to a removal order and loss of their residency rights.

4. Ineligibility for Citizenship: Permanent residents convicted of a crime may not be eligible to apply for Canadian citizenship for a certain period. Time spent in prison, on parole, or on probation doesn’t count towards the residency requirement for citizenship. This can delay or prevent their path to citizenship until the conviction is resolved or sufficient time has passed since the sentence was completed.
   

How We Can Help?

If you are a foreign national or permanent resident facing criminal charges or a conviction, it is essential to understand how this can impact your immigration status. At Dhaliwal & Dhaliwal LLP, our experienced legal team offers expert guidance to help protect your rights and navigate the complex intersection of criminal law and immigration law.

Contact Us Today

If you are facing criminal charges or have been convicted and are concerned about your immigration status, contact Dhaliwal & Dhaliwal LLP for personalized legal representation. We are dedicated to protecting your future in Canada.

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