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Difference between revisions of "Loss of Permanent Resident Status (18:VIII)"
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Loss of Permanent Resident Status (18:VIII) (view source)
Revision as of 22:14, 17 August 2018
, 22:14, 17 August 2018→B. Inadmissibility
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If a permanent resident is determined inadmissible, he or she may lose their permanent resident status. The inadmissibility provisions relating to foreign nationals and permanent residents overlap for the most part, but there are some differences. For example, permanent residents will be inadmissible for serious criminality if they commit an indictable offence, while foreign nationals will be inadmissible for committing a less serious summary offence. Refer to the IRPA directly for specific grounds of inadmissibility (ss 34 – 43). | If a permanent resident is determined inadmissible, he or she may lose their permanent resident status. The inadmissibility provisions relating to foreign nationals and permanent residents overlap for the most part, but there are some differences. For example, permanent residents will be inadmissible for serious criminality if they commit an indictable offence, while foreign nationals will be inadmissible for committing a less serious summary offence. Refer to the IRPA directly for specific grounds of inadmissibility (ss 34 – 43). | ||
:'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded | :'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded in cases of serious criminality or crimes against humanity. | ||
:'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor | :'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of criminal process. A conditional sentence does not equal imprisonment for the purposes of this provision and sentencing must be considered at the time of conviction (see Tran v Canada (Public Safety and Emergency Preparedness), 2017 SCC 50). Users of this manual should check for developments in this area of the law as it is undergoing continued legal development. See also [[Immigration Issues at Sentencing (18:XI) | XI Immigration Issues at Sentencing]]. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||