Can a Criminal Charge Get You Deported From Canada?

The short answer

If you are not a Canadian citizen, a criminal conviction can lead to removal from Canada. Permanent residents can be found inadmissible for serious criminality. Foreign nationals face an even lower threshold. The outcome of the case can decide whether you are able to stay, and so can the exact length of the sentence. That is why your immigration status should shape the defence from the first day. This guide explains the tests, the appeal rules and the outcomes that can protect you. See our criminal records page for an overview.

Serious criminality (permanent residents and foreign nationals)

A permanent resident or foreign national can be found inadmissible for serious criminality under s. 36(1) of the Immigration and Refugee Protection Act. It applies to a conviction in Canada for either of two reasons.

• A serious offence: An offence with a maximum sentence of at least 10 years.
• A serious sentence: Any offence where a jail sentence of more than 6 months was imposed.

Many common charges have a maximum of 10 years or more, including assault causing bodily harm, impaired driving and fraud over $5,000. Since July 17, 2026, common assault against an intimate partner charged under s. 263.1 also reaches a 10-year maximum.

Hybrid offences are treated as indictable for this purpose, even if the Crown proceeds summarily (s. 36(3)(a)).

Criminality (foreign nationals)

Foreign nationals include international students, temporary workers and visitors. Under s. 36(2), they can be found inadmissible for criminality. There are two ways this can happen.

• An indictable offence: An offence that can be prosecuted by indictment, which includes hybrid offences.
• Two offences: Two offences that arise from separate incidents.

Losing the right to appeal

Some permanent residents lose the right to appeal. This happens when a person is found inadmissible for serious criminality and the jail sentence was 6 months or more (s. 64). The appeal would have gone to the Immigration Appeal Division.

For example, a sentence of 5 months and 29 days can keep an appeal available, while a sentence of 6 months can remove it. This is why the exact length of a sentence matters so much.

How the process usually works

1. Criminal case: The criminal case ends with a conviction and a sentence.
2. Report: An immigration officer may prepare a report stating that the person is inadmissible.
3. Review or hearing: The report is reviewed, and the case may be referred to the Immigration Division for a hearing.
4. Removal order: If inadmissibility is confirmed, a removal order may be made, subject to any appeal rights.

Outcomes that can protect your status

• Withdrawal or acquittal: There is no conviction.
• Peace bond: A peace bond is not a conviction.
• Discharge: A discharge is not a conviction under Canadian law.
• A plea to a lesser offence: A lesser offence with a lower maximum may avoid serious criminality.
• A record suspension: This generally prevents a conviction from being used for inadmissibility (s. 36(3)(b)).

Common mistakes

• Pleading guilty quickly: A fast plea to get out of custody can create permanent immigration problems.
• Focusing only on the sentence: For a permanent resident, the maximum sentence for the offence can matter as much as the sentence actually imposed.
• Not mentioning status: Some people do not tell their criminal lawyer they are not citizens until after the case ends.

Another common mistake is assuming that a withdrawn charge leaves no trace, because police may still hold records of it, as our guide to records after a withdrawn charge explains, and immigration forms often ask about charges as well as convictions.

Why you need both a criminal and an immigration lawyer

Your criminal lawyer handles the charge. An immigration lawyer can advise on how each possible outcome affects your status. The two lawyers should work together before any plea. That way, the resolution protects both your record and your ability to stay in Canada.

What to do now

• Tell your criminal lawyer about your immigration status at the first meeting.
• Gather your immigration documents, such as your PR card, permit or visa.
• Do not plead guilty or accept any resolution before you get immigration advice.
• Keep a record of every court date and outcome.

Students and temporary workers

International students and temporary workers can be found inadmissible even for minor offences, because hybrid offences are treated as indictable. A conviction can also affect future applications for permits, permanent residence and citizenship. Even a short sentence can cause serious problems for people who do not yet have permanent status.

Citizenship applications

A pending charge or a recent conviction can delay or prevent a citizenship application. If you have applied for citizenship, or plan to, tell both your criminal lawyer and your immigration lawyer about the charge right away.

Questions to ask before any plea

• What is the maximum sentence? A 10-year maximum can trigger serious criminality for a permanent resident.
• How long is the jail term? A term of 6 months or more can remove appeal rights.
• Is there a non-conviction option? A withdrawal, peace bond or discharge avoids a conviction.
• Is there a lesser charge? A charge with a lower maximum may protect your status.
• Has an immigration lawyer reviewed the plan? Get this advice before you agree to anything. A few days of planning can protect years of status.

How we can help

We build the criminal defence around your immigration situation from the start, and work with your immigration lawyer before any plea. Call (647) 223-1980 for a free consultation.

Frequently asked questions