Can I be deported for a criminal charge in Canada?
Direct answer: A charge alone does not make you removable, but a conviction can. Permanent residents convicted of "serious criminality", an offence carrying a maximum penalty of at least 10 years, or a jail sentence of more than six months, can lose their PR status and be removed. A sentence of at least six months also removes the right of appeal to the Immigration Appeal Division. Workers, students and visitors face even lower thresholds: almost any conviction can cost them their status.
This is a blind spot in the system. Criminal courts in Regina, Saskatoon and across Saskatchewan resolve charges every day with pleas that look sensible in the courtroom and carry serious immigration consequences. The fine print of a plea deal, the length of a sentence, even the specific section pleaded to, all of it determines whether you stay in Canada.
Why one firm for both criminal and immigration law
SPS Law Group LLP practises criminal defence and immigration law together and coordinates the two. Satinder Pal Singh, partner at SPS Law Group LLP, built his practice on the overlap: strategic criminal defence for non-citizens, where every defence decision, from the first appearance to sentencing, is made with your immigration consequences calculated first. Bhavan Jaggi handles the immigration side before IRCC, the Immigration and Refugee Board and the courts.
- Defence strategies aimed at outcomes that avoid inadmissibility
- Sentencing submissions that protect appeal rights: a sentence of at least six months removes the IAD appeal, and more than six months makes a permanent resident inadmissible
- Admissibility hearings and inadmissibility reports under s. 44
- Removal defence, IAD appeals and Federal Court stays
- Status protection for work permit and study permit holders facing charges
Will a DUI make me inadmissible?
Yes. Since 2018, impaired driving is "serious criminality" in immigration law, punishable by up to 10 years. For temporary residents, a DUI conviction can mean removal; for anyone applying from abroad, it blocks entry. If you're facing an impaired charge and you are not a citizen, get advice before you plead. The difference between outcomes can be the difference between staying and leaving.
Convicted outside Canada? Rehabilitation and TRPs
For a single, less-serious foreign conviction, enough time passing (generally 10 years) can cure inadmissibility automatically.
Five years after completing your sentence, you can apply to permanently overcome inadmissibility with evidence of a changed life.
While waiting, a TRP can allow entry when your reasons for coming to Canada outweigh the risk.
Charged while your application is in process?
A pending charge can derail an Express Entry profile, an SINP nomination or a sponsorship. Disclosure obligations are strict, and hiding a charge is misrepresentation, which carries its own five-year ban. The right move is a coordinated strategy across both files, which is precisely what a combined practice does.
Frequently asked questions
Can I be deported for a criminal charge?
A conviction, not a charge, creates removability. Serious criminality can cost PRs their status, sometimes with no IAD appeal. Temporary residents face lower thresholds.
Will a DUI make me inadmissible?
Yes. Impaired driving counts as serious criminality, punishable by up to 10 years. Get legal advice before pleading.
What is criminal rehabilitation?
A process to overcome foreign convictions: deemed rehabilitation with time, or individual rehabilitation five years after the sentence. A TRP can bridge the gap.
Should my criminal lawyer know my immigration status?
Always. A plea that works in criminal court can trigger removal. Our firm runs both files together so that never happens by accident.