Why a conviction is so serious for students
Under Canada's immigration law, a foreign national becomes inadmissible if they're convicted in Canada of an indictable offence, or of two summary offences that didn't come from the same incident.
Most common charges, including theft under $5,000, assault and impaired driving, are hybrid offences. For immigration purposes, a hybrid offence counts as indictable even if the Crown proceeds summarily. In practice, that means a single conviction for shoplifting can be enough.
Inadmissibility can lead to a refused study permit extension, a refused post-graduation work permit or PR application, and in some cases removal from Canada.
A charge is not a conviction
Being charged doesn't make you inadmissible. What matters is how the case ends. These outcomes are not convictions:
- Withdrawal of the charge, including after diversion
- A peace bond
- A discharge, absolute or conditional
- An acquittal after trial
For students, getting one of these outcomes is often worth far more than a slightly lighter sentence. We plan the case around that from the start. Be aware that IRCC may hold an application while charges are outstanding, so timing matters too.
Charges we often see with students
- Shoplifting and theft under $5,000, often from big-box stores or self-checkouts. Diversion is frequently possible for a first offence.
- Assault and domestic assault, from disputes with roommates, partners or friends. Release conditions can force you to move out right away.
- Fraud and money laundering, often after a student is recruited online to receive and forward money (a "money mule"), or to deposit cheques for someone else.
- Impaired driving. A conviction is serious criminality and can be very hard to overcome.
- Stunt and careless driving. These are provincial offences, not crimes, so they don't create criminal inadmissibility, but they bring big fines, suspensions and insurance costs.
Your college and your family
Your college or university may have its own code of conduct process, which is separate from the criminal case. Don't write a statement for the school about what happened without getting advice, because it could be used in court.
You don't have to tell your family, but many students find it easier once they have a plan. We're happy to speak with parents, including in Urdu, Hindi or Punjabi, if you want us to.
Working and studying while the case goes on
Keep following your permit conditions, including the 24-hour weekly limit on off-campus work during academic sessions. Working beyond what's allowed is a separate immigration problem, and it's the last thing you need while a criminal case is open.
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
Will I be deported for a shoplifting charge?
A charge alone won't make you inadmissible. A conviction can, because theft under $5,000 is treated as indictable for immigration purposes. Diversion, a withdrawal or a discharge avoids that, so get advice before your first court date.
Can I still apply for a PGWP or PR while charges are pending?
You can apply, but you must answer the questions about charges truthfully, and IRCC may wait for the outcome. The outcome of the criminal case is what really decides your eligibility.
Can I go home for the holidays?
Check your release conditions first. Some forbid leaving Ontario or Canada. Missing a court date can lead to a warrant, and leaving with an open case can create problems when you return.
Is stunt driving a crime?
No. Stunt driving and careless driving are provincial offences under the Highway Traffic Act, so they don't create criminal inadmissibility. Dangerous driving and impaired driving are crimes, and those can.
Someone used my bank account to move money. Am I in trouble?
Possibly. Receiving and forwarding money for others can lead to fraud or money laundering charges, even if you didn't know where the money came from. Don't speak to police or your bank about it until you've had advice.
Do you take Legal Aid?
We consider Legal Aid Ontario certificates on a case-by-case basis.
Can we speak 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.