Anonymous

Difference between revisions of "I'm a Permanent Resident and Have Been Charged with a Criminal Offence"

From Clicklaw Wikibooks
no edit summary
Line 10: Line 10:
{{Tipsbox
{{Tipsbox
| width = 70%
| width = 70%
| tips = If you are a permanent resident, it is a good idea to apply for Canadian citizenship as soon as you meet the requirements. Once you become a citizen you cannot be removed from Canada no matter how serious the criminal conviction.  
| tips = If you are a permanent resident, it is a good idea to apply for Canadian citizenship as soon as you meet the requirements. Once you become a citizen you cannot be removed from Canada other than in extremely rare circumstances with a criminal conviction.  


If you are not a permanent resident and you are charged with a crime, get legal advice as soon as you can. See '''Where to get help'''.   
If you are not a citizen and you are charged with a crime, get legal advice as soon as you can. See '''Where to get help'''.   
}}
}}


Line 23: Line 23:
==What happens next==  
==What happens next==  


#You will have to deal with the criminal charge in court. See [http://wiki.clicklaw.bc.ca/index.php/I%27ve_been_charged_with_a_criminal_%28or_youth%29_offence_and_have_to_go_to_court I've been charged with a criminal (or youth) offence] for information.
#You will have to deal with the criminal charge in court. See "[[I've been charged with a criminal (or youth) offence and have to go to court]]" for information.
#If you plead guilty or are convicted at trial, the Immigration and Refugee Board may hold an ''admissibility hearing'' to decide if you can remain in Canada. See [http://www.clicklaw.bc.ca/resource/2121 Admissibility Hearings] for information about what can happen.
#If you plead guilty or are convicted at trial, the Immigration and Refugee Board may hold an ''admissibility hearing'' to decide if you can remain in Canada. See [http://www.clicklaw.bc.ca/resource/2121 Admissibility Hearings] for information about what can happen.
#If the admissibility hearing results in a ''removal order'', you may be able to appeal the order to the Immigration Appeal Division. But if your sentence is for more than two years, you lose your right to appeal.   
#If the admissibility hearing results in a ''removal order'', you may be able to appeal the order to the Immigration Appeal Division. But if your sentence is for more than six months, you lose your right to appeal.