Immigration Repercussions of conviction

Damian100

New Member
Hello,

Canada is an aspiring land for many to settle down. Either you are on visa or on permanent residence, the implications of conviction for a criminal offence would be declaring inadmissible. You could get a removal order. The offence can be minor, like getting a DUI, or major, like assault or murder. So be vary of the crimes under criminal law.
 
Besides, any criminal record when filling an immigration entry to Canada has very unpleasant consequences. Hiding such facts can lead to a ban on filling in an application for resident status for 5 years. Moreover, the applicant's spouse automatically becomes also inadmissible to Canada.
 
The standard of inadmissibility is different between permanent residents and foreign nationals (unlike the US, Canada does not consider permanent residents to be foreign nationals).

The consequence of having criminal convictions or charges is detailed in Section 36 of the IRPA

A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

A foreign national is inadmissible on grounds of criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html

A single indictable or hybrid conviction (or two or more summary convictions) is enough to render a foreign national (someone in Canada on a temporary status) inadmissible, whereas permanent residents only become inadmissible on grounds of serious criminality.
 
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