If you are a permanent resident (PR), international student, work permit holder, or refugee claimant in Canada, a criminal charge can have life-altering immigration consequences. What many people don’t realize is that even a minor criminal conviction can trigger removal proceedings, denial of citizenship, or future inadmissibility to Canada. When criminal law intersects with immigration, it’s not just about avoiding jail, it’s about protecting your status in this country.

What Is “Serious Criminality” in Canadian Immigration Law?

Under section 36(1) of the Immigration and Refugee Protection Act (IRPA), a non-citizen becomes inadmissible for serious criminality if they are:

Convicted in Canada of a criminal offence punishable by a maximum term of imprisonment of at least 10 years, or actually sentenced to more than six months in jail, regardless of the maximum penalty.

This applies whether the person is a permanent resident or a foreign national.

Importantly, the law looks not just at what the individual was convicted of, but also at the maximum sentence the offence carries under the Criminal Code. For example, even if you receive a discharge or no jail time, if the offence has a max penalty of 10+ years (e.g., assault with a weapon, fraud over $5,000), you may still be considered inadmissible for serious criminality.

What If You’re Not a Permanent Resident?

For foreign nationals (such as visitors, students, or workers), the bar is much lower. Under section 36(2) of IRPA, a person is criminally inadmissible if they’re convicted of any offence that would be an indictable offence in Canada, even if it’s punishable by less than 10 years.

This means a shoplifting or impaired driving conviction could get a foreign national deported, even if there was no jail sentence. They may also be denied a study or work permit, or refused entry when trying to return to Canada.

What’s the Impact on Permanent Residents?

Permanent residents have more protections than foreign nationals, but they are not immune from removal. If you are found to be inadmissible due to serious criminality, the Canada Border Services Agency (CBSA) may issue a report under section 44 of IRPA. If accepted, you will receive a removal order, which could lead to deportation, even if you have lived in Canada for decades. Worse still, a PR found inadmissible for serious criminality is not eligible for an appeal to the Immigration Appeal Division (IAD) if the sentence was 6 months or more. This rule comes from section 64(2) of IRPA and was upheld in Canada (Minister of Citizenship and Immigration) v. Khosa, 2009 SCC 12.

In short: permanent residents who receive 6 months or more in jail have no right of appeal and can be deported swiftly, unless they succeed in judicial review at the Federal Court level.

What About Conditional or Intermittent Sentences?

Even if someone receives a conditional sentence (house arrest), it still counts as a term of imprisonment under IRPA. This was confirmed by the Federal Court in Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, which ruled that conditional sentences trigger inadmissibility if the maximum sentence for the offence is 10 years or more. The case clarified that actual jail time is not required to be found inadmissible under serious criminality rules.

Summary: What Triggers Deportation?

Status

Offence TypeTriggers Inadmissibility?Eligible for Appeal?

Foreign National

Any indictable offence

Yes

No

Permanent Resident

Offence with max 10+ years or 6+ months actual sentence

Yes

No (if 6+ months)

Refugee Claimant

Same as a foreign nationalYes

No

Common Offences That Can Result in Inadmissibility:

  • Assault causing bodily harm (s. 267)
  • Fraud over $5,000 (s. 380(1)(a))
  • Possession of a restricted firearm (s. 91)
  • Theft over $5,000 (s. 334(a))
  • Drug trafficking (s. 5(1) CDSA)
  • Impaired driving with bodily harm or death (s. 320.14)

Even pleading guilty to avoid jail time can result in inadmissibility so it’s essential to get immigration-focused criminal defence advice before entering a plea.

Protecting Your Status

If you’re a non-citizen charged with a criminal offence, it’s not just about the criminal consequences, it’s about avoiding deportation, travel bans, or separation from your family. There are ways to avoid a finding of inadmissibility, such as seeking a discharge, diversion, peace bond, or plea to a non-deportable offence. In some cases, you may be eligible for Ministerial relief, a Temporary Resident Permit (TRP), or Humanitarian and Compassionate relief, but these are last resort.

Always speak to a criminal defence lawyer who understands immigration consequences.

📞 Call Linh Pham at (306) 502-5987 for legal guidance before making any decision that could affect your future in Canada.

Legal References:

  • Immigration and Refugee Protection Act (IRPA): ss. 36(1), 36(2), 44, 64
  • Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50 – https://canlii.ca/t/hjkhz
  • Canada (Minister of Citizenship and Immigration) v. Khosa, 2009 SCC 12 – https://canlii.ca/t/22fcv