Permanent residents and serious criminality
A permanent resident becomes inadmissible for serious criminality if they're convicted in Canada of an offence that carries a maximum sentence of 10 years or more, or if they receive a prison sentence of more than six months.
Many common charges carry a 10-year maximum, including impaired driving, assault causing bodily harm and theft over $5,000. So even a first conviction that ends with a fine can lead to a report and a removal hearing.
If the sentence is a term of imprisonment of at least six months, the permanent resident also loses the right to appeal a removal order to the Immigration Appeal Division, where humanitarian factors can be considered. The Supreme Court held in Tran v. Canada (2017) that a conditional sentence served in the community is not a term of imprisonment for the six-month serious-criminality test. That is one reason the form of the sentence matters so much, and how it applies to the right of appeal depends on the facts, so we check each case.
Students, workers and visitors
Temporary residents face a lower bar. A conviction for an indictable offence makes a foreign national inadmissible, and hybrid offences, which can be prosecuted either way, are treated as indictable for immigration purposes even when the Crown proceeds summarily. Two summary convictions from separate incidents can also do it.
That can affect a study permit extension, a post-graduation work permit, a work permit renewal or a future PR application.
Citizenship applicants
Citizenship can't be granted while you're charged with, or on trial for, an indictable offence, or while you're on probation, on parole or serving a sentence. A recent conviction can also block a grant for several years. If you have a citizenship application in progress, a new charge has to be handled very carefully.
Outcomes that protect your status
A withdrawal, a peace bond or an acquittal is not a conviction. A discharge isn't a conviction either. For non-citizens, these outcomes are often worth fighting hard for, even when the difference in the criminal penalty looks small.
Immigration consequences can also be raised at sentencing. The Supreme Court recognized in R. v. Pham (2013) that a judge can take them into account when deciding a fit sentence.
Already convicted?
There may still be options, depending on your status and the conviction: an appeal of the conviction or sentence (the deadline is usually 30 days, so move quickly), an appeal to the Immigration Appeal Division where it's still available, a temporary resident permit, or rehabilitation once enough time has passed. We assess these case by case.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Can a DUI get a permanent resident deported?
It can lead to removal proceedings. Impaired driving carries a 10-year maximum, so a conviction is serious criminality for a permanent resident. Whether there's an appeal to the Immigration Appeal Division depends partly on the sentence.
I'm on a study permit and was charged with shoplifting. What now?
Don't plead guilty without advice. A conviction can make you inadmissible because theft under $5,000 is treated as indictable for immigration purposes. Diversion, a withdrawal or a discharge avoids that.
Does a discharge count as a conviction for IRCC?
No. A discharge is not a conviction under Canadian law. You still need to answer IRCC's questions about charges and arrests truthfully.
Should I tell IRCC about a charge?
If a form asks about charges or arrests, answer truthfully. Failing to disclose can be treated as misrepresentation, which can lead to a five-year ban from Canada.
Can I become a citizen while I have a charge?
Not while you're charged with an indictable offence. The grant is put on hold, so it's important to resolve the charge in a way that doesn't create a longer bar.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we meet in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.