permanent resident be deported from Canada

How can a permanent resident be deported from Canada and become inadmissible?

 

This might be shocking to hear for some people, but a Canadian permanent resident can be deported from Canada, lose their status, and become inadmissible on the grounds of serious criminality, security grounds, organized criminality, international crimes or misrepresentation.

 

Now, what is “serious criminality”?

Individuals can become inadmissible on the grounds of serious criminality to enter or remain in Canada. Any of the following events can lead to inadmissibility and deportation of a permanent resident:

  1. The person is convicted of a crime in Canada with a maximum sentence of 10 or more years imprisonment. These crimes include assault with a weapon/causing bodily harm, trafficking in cocaine and heroin, sexual assault, uttering a forged document/credit card offence, break and enter, fraud/theft over $5000.
    1. It’s important to note that the maximum sentence of the crime should be 10 years or more in imprisonment. This means that even if an individual receives a sentence with no prison time but is convicted of a crime that would be punishable with a maximum of 10 years imprisonment, they could still face deportation.
  2. The person is convicted of a crime in Canada and sentenced to more than 6 months in prison.
  3. The person has committed or has been convicted of a crime outside Canada with a maximum sentence of 10 or more in imprisonment if convicted if Canada.

 

Some examples of serious crimes include driving under the influence of alcohol/drugs, assault, theft or performing organized crimes.

You can learn more about criminal inadmissibility here.

 

Can we appeal the decision?

The answer is no. Permanent residents facing deportation or those in the process of losing their status because of serious criminality do not have the right to appeal unless their sentence has been imprisonment for less than six months. This means you will not have a chance to have your removal order reviewed by the court before being deported, and you will be removed from Canada faster.

As mentioned in the beginning, permanent residents can face deportations because of other reasons as well, including:

  • Security grounds
  • Organized criminality
  • International crimes
  • Misrepresentation: Click here to read more

 

Can I re-enter Canada if deported?

Unfortunately, the process of entering Canada again after being deported is very complicated. Any person deported from Canada requires to have an Authorization to Return to Canada (ARC) to be allowed entry. It is highly recommended to seek legal representation before applying for an ARC, as you need to have a very strong case to be granted an ARC.

 

Suppose Canada Border Services Agency (CBSA) has sent you a letter (also known as the “fairness letter”) stating that you might be inadmissible to stay in Canada and could be facing deportation. In that case, we strongly suggest you seek legal advice from an immigration attorney or consultant.

 

As regulated immigration consultants with experience in inadmissibility cases, we know how to help you! You might still have options to remain in Canada if you have strong ties here, and we can argue on your behalf. Depending on your case and grounds of inadmissibility, we might be able to set aside your removal order or impose a stay of removal for a period of time with certain conditions. Please contact us for legal advice and representation before it is too late.

 

Keywords: permanent residence, permanent residents deport, deportation Canada, inadmissibility Canada

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