How a Criminal Charge in Ontario Can Affect Your Study Permit, Work Permit, and Permanent Residency (PR)

Canada has a reputation for being one of the most welcoming countries for immigrants, students, and skilled workers. However, a criminal charge can significantly affect your legal status in the country. If you are an international student, a temporary foreign worker, or a permanent resident (PR) in Ontario, it's important to understand how a criminal charge might jeopardize your immigration status.

1. Impact on Study Permits

International students in Ontario are issued study permits to pursue their education, but these permits come with strict conditions. A criminal charge, depending on its severity, can affect your ability to maintain or renew your study permit. Here are key points to consider:

• Minor Offences: A minor criminal offence, such as shoplifting or a small drug possession charge, may result in a review of your case by Immigration, Refugees and Citizenship Canada (IRCC). While not all minor offences automatically lead to deportation or permit cancellation, it can raise concerns about your admissibility to Canada.

  
  

• Serious Criminality: Charges such as assault, theft over $5,000, or driving under the influence (DUI) are considered serious offences under Canadian immigration law. A conviction could lead to a declaration of criminal inadmissibility, meaning you could lose your study permit and face removal from Canada.

  
  

• Effect on Renewals: Even if you're not convicted, being charged with a criminal offence can complicate the process of renewing your study permit. IRCC may take the charges into account when assessing your application.

  
  

2. Impact on Work Permits

Temporary foreign workers in Ontario, like international students, are issued work permits that allow them to legally work in the country. A criminal charge can impact both open work permits (which are not tied to a specific employer) and employer-specific permits.

• Employer Notification: In some cases, employers may be notified of a criminal charge, especially if the nature of the charge is related to the job (e.g., fraud or theft for a financial position). This could result in job termination, which can, in turn, affect the conditions of your work permit.

  
  

• Work Permit Revocation: Serious criminal charges can lead to the revocation of a work permit. For example, if convicted of a serious crime, you may be deemed inadmissible to Canada, which can result in losing your right to work.

  
  

• Application for New Permits: A pending criminal charge can delay or prevent the approval of a new work permit. IRCC reviews your criminal record when processing applications, and unresolved legal matters can be grounds for refusal.

  
  

3. Impact on Permanent Residency (PR)

A criminal charge can have serious consequences for those with permanent resident status in Ontario. Even though PRs have more stability compared to temporary residents, their status is not immune to criminality-related concerns.

• Criminal Inadmissibility: If you are charged and convicted of a serious criminal offence, you can be declared criminally inadmissible, which could lead to losing your PR status and being deported from Canada. Crimes such as domestic violence, drug trafficking, or fraud often result in serious repercussions for PR holders.

  
  

• Loss of PR Status: In cases where a PR is convicted of serious criminality and sentenced to a term of imprisonment of six months or more, the person may lose their PR status and be issued a removal order.

  
  

• Effect on PR Applications: If you are a PR applicant and face criminal charges, your application can be delayed, suspended, or even refused depending on the nature of the offence. A criminal charge or conviction can drastically reduce your chances of receiving PR status.

  
  

4. Criminal Inadmissibility and Deportation

Criminal inadmissibility applies to both temporary and permanent residents and is one of the most severe consequences of a criminal charge in Ontario. Inadmissibility can lead to deportation from Canada, regardless of the type of immigration status you hold. IRCC defines serious criminality as any conviction for an offence punishable by a maximum term of imprisonment of at least 10 years or a conviction that results in a prison term of six months or more.

If a person is found to be criminally inadmissible, they may be subject to a removal order, requiring them to leave the country. Depending on the severity of the crime, individuals may also be banned from re-entering Canada.

5. Seeking Legal Help

If you are facing criminal charges in Ontario, it is crucial to seek legal advice from both a criminal lawyer and an immigration lawyer. A criminal conviction can have lasting effects on your immigration status, and only a qualified professional can help navigate the complexities of both criminal and immigration law.

In some cases, you may be eligible for a temporary resident permit (TRP) if you are considered inadmissible due to criminality but have compelling reasons to remain in Canada. Additionally, it may be possible to seek criminal rehabilitation, a process that removes the inadmissibility if sufficient time has passed since the conviction.

Conclusion

A criminal charge in Ontario can have significant consequences for your study permit, work permit, or permanent residency status. Whether it leads to permit revocation, application refusal, or even deportation, it's important to understand your legal rights and seek professional help immediately. Your future in Canada could depend on the outcome of your case, so it's crucial to act quickly and make informed decisions.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.