Can I be deported if I have criminal charges or get a criminal record?

By Last Updated: March 16, 2022

If you are a Canadian citizen you cannot be deported if you have criminal charges or get a criminal record.

If you are a foreign national or a permanent resident, criminal charges or a criminal record may result in your deportation.

If you are a foreign national or permanent resident and are charged with an offence, the police will submit a report to the Canada Broder Services Agency, who may conduct an admissibility hearing before the Immigration and Refugee Board (IRB).

The IRB may, at the conclusion of the hearing, issue a deportation order. Permanent Residents may be deported if convicted of a “serious crime,” meaning an offence where the maximum sentence is 10 years or more in prison, or if the actual sentence received is greater than six months in prison. A foreign national may be deported if convicted of a “serious crime,” a less serious crime, or two minor offences stemming from separate events.

If you are concerned about the impact that a criminal record may have on your immigration status, it is recommended that you speak with a criminal defence lawyer to explore the defences and options that may be available to avoid a criminal record.  It is further advisable for you to consult with an immigration lawyer regarding the impact any potential outcome to your charges may have on your status in Canada.

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About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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