How Criminality Impacts Your Immigration Status Explained Meta Description: Learn how criminality can affect your immigration status, including visa denials, deportation risks, and eligibility for residency or citizenship

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The majority of criminal attorneys who defend their clients are unaware of how sentencing may affect their client's immigration status. The criminal inadmissibility of an immigrant implicated in a crime would depend on the type and character of the offense or offenses, as well as any convictions or penalties that resulted from them. The Immigration and Refugee Protection Act (IRPA) lists several grounds for inadmissibility; in this article, I'll focus on the criminal grounds that apply to permanent residents. Find it best immigration lawyer Toronto for good status regarding immigration.

Immigration Consequences of Discharges and Peace Bond 

"Having been convicted in Canada of an offense under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offense under an Act of Parliament for which a term of imprisonment of more than 6 months has been imposed" is the definition of criminality specified in s. 36 of the IRPA. According to IRPA, any disposition other than a conviction would not render a person criminally inadmissible. This includes peace bonds, unconditional or conditional discharges, diversionary programs, charge stays, withdrawals, and Not Criminally Responsible (NCR) designations. 

A new charge of disobeying the court order, breach of recognition, or failure to comply with a probation order, however, could result in inadmissibility if it is brought about by a violation of the terms of a Peace Bond or a Probation Order made with the conditional discharge. The same would be true for diversion: if it is not finished, a conviction might occur; if the charges are stayed and not withdrawn once diversion is finished, the Crown could reintroduce the stayed charges, which could also result in a conviction.

Criminality’s Effects on PR’s Citizenship Application

Section 22 of the Citizenship Act states that a person will not be granted citizenship if the person:

• Is under a probation order
• Is a paroled inmate
• Is serving a term of imprisonment
• While the person is charged with, on trial for, or appealing an offense
• If the person has been convicted of offenses that were prosecuted by way of indictment during the four years immediately before the date of the application.

Effect of Criminality on Sponsoring a Family Member

A Canadian citizen or permanent resident is prohibited from sponsoring a family member under section 133 of the IRPA Regulations if the sponsor has ever been found guilty of any of the following crimes under the Criminal Code:

a sexual offense, or the threat or attempt to commit a sexual offense, against an individual;

An indictable crime against anyone that involves the use of violence and carries a possible sentence of at least 10 years in jail, or an attempt to commit such a crime; or,

The commission of an offense that causes physical injury to a family member, or the threat or attempt to commit such an offense.

New Impaired Driving Laws and Impact on Immigration Status

On December 18, 2018, the Canadian government decided that it would not accept any form of impaired driving and raised the maximum penalty for it as a result of Bill C-46. The Crown may choose to prosecute such an offense as an indictable or by summary election, according to S. 320.19(1) of the Criminal Code of Canada. The maximum punishment for an offense that is prosecuted by indictment is ten years in prison. To put it briefly, anyone found guilty of new offenses involving impaired driving may lose their right to enter Canada.

If you or any members of your family are permanent residents of Canada and someone is accused of a crime, they should speak with a lawyer who is knowledgeable with criminal and immigration law.

Conclusion:

Criminality can significantly impact your immigration status, potentially leading to inadmissibility, visa denial, or deportation. It’s crucial to understand the legal implications and seek guidance tailored to your situation. At KD Lawyers, our experienced immigration lawyers in Mississauga are here to help you navigate these complexities. Whether you’re facing charges or addressing past convictions, we work to protect your immigration goals and ensure compliance with Canadian law. Don’t let criminality jeopardize your future—contact KD Lawyers today for personalized legal advice and effective solutions. Your path to stability starts with the right legal support

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