Will a criminal charge against me affect my immigration to Canada?
When you immigrate to Canada, you must be admissible. Of course, the same rules apply to foreign nationals who want to stay in Canada temporarily. Many issues could make you inadmissible. However, criminal inadmissibility is on top of the list.
- What is criminal inadmissibility?
- Criminal charges and inadmissibility to Canada
- The nature of criminal charges is important
- Ask your questions
What is criminal inadmissibility?
Before we explore inadmissibility due to criminal charges, you need to know Canadian immigration law divides criminal offences into two major groups:
- Serious criminality – offences that affect both foreign nationals and permanent residents
- Criminality – offences that only affect foreign nationals
If you have a criminal history in any country, make sure to ask a professional if it falls under any of these groups. Nonetheless, there could permanent or temporary solutions available to you. For example, consider reading these articles:
- Application for Rehabilitation – Overcoming Criminal Inadmissibility
- Deemed Rehabilitated in Canada – Deemed Rehabilitation
- Record Suspension or Pardon for Immigration to Canada
- TRP – Temporary Resident Permit to Canada – A Remedy for Inadmissibility
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Criminal charges and inadmissibility to Canada
Criminal charges are the ones that you receive from the police. However, you are innocent until you receive a conviction. What about the immigration law. Does it care whether you have a conviction or only a charge? Well, it depends on where the offences took place.
Criminal charges are in Canada.
If your criminal charges are in Canada, you won’t become inadmissible. Of course, if a court later convicts you, then you could become inadmissible. However, a simple charge won’t jeopardize your immigration or temporary status process. Regardless, there is a chance the immigration authorities put your application on hold until the outcome of your court hearings.
Criminal charges are outside Canada.
Unfortunately, criminal charges outside Canada could make you inadmissible. You may ask why? Isn’t it that I am innocent until proven guilty? Well, the answer lies in the standard of proof. In a criminal court, the standard of proof is normally “beyond a reasonable doubt.” Consequently, you only receive a conviction if the judge or the jury has no doubt you committed the offence. However, the standard of proof in immigration is “reasonable grounds to believe.” Therefore, if an officer reasonably concludes you have committed the offence, you may become inadmissible.
The nature of criminal charges is important.
Since the officer relies on reasonableness, they definitely consider the nature of charges. Here are two examples,
Example one: The UK police charges an Indonesian citizen because of uttering threats with a gun. They later deport that person. However, the charges remain unresolved as the court never reviews the case.
Example two: The Japanese police charge a person with shoplifting of a cheap shirt from a store. While they are investigating the matter, the person applies for immigration to Canada.
Generally speaking, the person is in the first example will definitely face inadmissibility. However, the second person is likely to be immune. Of course, the final decision is by an immigration officer.
Ask your questions
If you have an immigration-related question, fill out the following form. Of course, I’ll do my best to answer general questions under the Q&A category. A general question is like the one that I answered here (i.e. how a criminal charge could affect an immigration application). However, if the question is case-specific, I’ll advise you to book a consultation session.
If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada
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