I'm a Permanent Resident and Have Been Charged with a Criminal Offence

If you are a permanent resident (a person who has a permanent resident card or a Record of Landing Document) in Canada you could lose your permanent resident status and could be deported to your country of origin if convicted of a serious crime.

A crime is serious if:

• The maximum sentence you could get is 10 or more years in prison (even if you get a shorter sentence), or
• The sentence that you do get is more than 6 months in prison.

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. If you are in Canada on a temporary status (such as a student, or temporary worker) a criminal conviction can seriously affect your status and may affect your right to remain in Canada.

First steps

1. If you are charged with a criminal offence consult with a lawyer who has experience in criminal law and immigration law. If you cannot afford to hire a lawyer on your own apply for legal aid. See <Legal Services Society> for information about applying for legal aid. To qualify for legal aid you must be financially eligible and there must be a risk of jail or deportation if convicted of the charge.

What happens next: 1. When persons who are not Canadian citizens are charged with criminal offences this information is passed on to immigration officials 2. You will have to appear in criminal court to determine whether you are guilty of the offence. If you are found guilty- either after a trial or after you plead guilty- you will be sentenced. <See I’ve been charged with a criminal (or youth) offence for more information > 3. If you are convicted, immigration officials can prepare a report and refer your case to the Immigration and Refugee Board- Immigration Division for an admissibility hearing. 4. The Immigration Division decides whether the crime you have been convicted of is “serious”. The Immigration Division does not look to the facts of the case or any mitigating factors. The Immigration Division’s role is to determine whether the crime is “serious” according to the definition of “serious crime” above. 5. In many cases you can appeal to the Immigration Appeal Division (IAD). However, if you receive a sentence of more than 2 years you lose your right to appeal to the IAD. 6. At your appeal the IAD decides whether the deportation order can be set aside on humanitarian and compassionate grounds. The IAD considers many factors including: the facts surrounding of the criminal offence, the sentence you received, the amount of time you have lived in Canada and the effect your removal will have on you and close family members, your connections to Canada and any evidence of rehabilitation. 7. If you are successful on your appeal the IAD may cancel your removal order or give you a stay of the removal order for a certain number of years. A stay of removal allows you to remain in Canada as long as you do not breach the conditions of the stay. If you obey all the conditions of the stay, for the period of the stay, your removal order could be cancelled or you could have to go back before the IAD for a review of your case. Tips and Notes If you are detained, because of the criminal charge, contact <criminal duty counsel>. If you are detained because of the immigration proceedings contact <immigration duty counsel>

Where to get help

See the Resource Guide for a list of helpful resources. Your best bets are:

Where to get help <Immigrant settlement agencies>

Written resources Insert links .

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, in British Columbia a person under the age of 19.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.