Criminal Conviction or Finding of Guilt: How it can Affect your Immigration Status
If you’re a permanent resident, work permit holder, on a student visa, visitor or refugee claimant, a criminal conviction in Canada can affect your ability to enter, remain or become a citizen. Even outcomes that don’t leave you with a “conviction” on your record can still have immigration consequences. We’ll explain the basics from an Ontario criminal defence perspective so you can make informed decisions before you resolve your case. Although we are mindful of immigration consequences, if you are concerned, we strongly recommend obtaining a written opinion from an experienced immigration lawyer. We can help coordinate this process and, where appropriate, connect you with trusted immigration counsel, for tailored advice on your situation.
Possible Criminal Outcomes that May Affect Immigration
- Conviction: If the Court registers a conviction, immigration issues must be addressed. Convictions can trigger inadmissibility for non-citizens under the Immigration and Refugee Protection Act (IRPA).
- Discharge (conditional or absolute): Absolute or conditional discharge means that you were found guilty, but no conviction is registered. Discharges generally do not create criminal inadmissibility under s.36 IRPA.
- Peace bond (s.810): No admission of guilt, no conviction. Standing alone it doesn’t create criminal inadmissibility under s.36.
- Impact of Record Suspensions (formerly known as a Pardon): If granted for a Canadian conviction, immigration inadmissibility under s.36 cannot be based on that conviction.
Immigration Risk Under IRPA: Two Ways You Can be Found Inadmissible
Before you focus on possible outcomes in court, it helps to understand how IRPA looks at criminal issues. Broadly, there are two areas:
Serious Criminality
A permanent resident or foreign national can be inadmissible if they’re convicted of an offence punishable by a maximum of 10 years or more, or if they receive more than 6 months of jail, as per IRPA s.36(1). A conviction will lead to removal risk for PRs and refusals for temporary residents. Individuals who have a work permit or student visa will likely not have the status renewed, nor will they be granted PR status. While there may be applications, hearings and other steps to defend against a finding of inadmissibility, the law states a person convicted of such a conviction, will be deemed inadmissible to Canada.
Criminality
A foreign national can be inadmissible under IRPA s.36(2) if they are convicted in Canada of an offence punishable by indictment or of two offences that did not arise from a single occurrence. The same applies to convictions outside Canada where the conduct would be indictable here, or to two foreign convictions from different events that would be offences under an Act of Parliament if committed in Canada. Inadmissibility can also follow from committing an act abroad that is an offence where it occurred and would be indictable in Canada. In practice this captures many “hybrid” offences because they are treated as indictable for immigration purposes, and two separate summary convictions can still add up to criminality. The result can be refusals of entry, visas or permits and enforcement action at the border, so it’s critical to confirm the Canadian classification before you plead.
With that framework in mind, the next question is how common Ontario results interact with immigration rules.
Immigration Consequences
Impaired Driving (Alcohol or Drugs)
Now treated as serious criminality because it has a 10-year maximum penalty, a conviction can trigger removal proceedings for PRs and refusals for work or study permits and visas. In such cases, we will attempt to negotiate a resolution to a lesser charge under the Highway Traffic Act or a plea to a lesser charge for a conditional discharge.
Domestic Charges:
s. 266 is not treated as serious criminality because it has only a 5-year maximum sentence. However, if a 6 month or more sentence is imposed, a noncitizen is subject to a removal order.
s. 267
(a) assault with weapon
(b) assault bodily harm
(c) assault Choke
These charges all have a 10-year maximum sentence and are treated as serious criminality. Removal orders apply.
Conditional or Absolute Discharge
Often a possible option for non-citizens because it avoids a conviction for IRPA
purposes, which usually avoids criminal inadmissibility. A conditional discharge still involves a finding of guilt, so get advice before travel or status applications.
Peace Bond
In the right case, resolving by peace bond can be effective. It’s not a conviction or finding of guilt, in fact no admissions as to criminal or civil responsibility are made. A peace bond won’t trigger criminal inadmissibility on its own.
Withdrawn or Stayed Charges
No conviction, so s.36 criminal inadmissibility doesn’t arise from the charge itself.
Record suspension (Pardon) for a Canadian conviction
If granted and still valid, IRPA s.36 cannot rely on that conviction to find you
inadmissible. Eligibility, timing and any new allegations still matter.
Taken together, these outcomes show why your defence plan should account for immigration from day one.
If you are not a citizen, your case is about two things: the courtroom result and the immigration fallout. For many students, workers, PRs and refugee claimants across Ontario, the difference between a discharge and a conviction can decide whether you stay or go.
Before you Plead
Call a lawyer first
Don’t accept a plea or diversion without understanding your IRPA risk. For many non-citizens, the right target is a non-conviction resolution or a conviction that avoids serious-criminality exposure.
Tell us your status and plans
PR renewal, PGWP, IEC, spousal sponsorship or citizenship plans can shift the strategy we recommend.
Bring documents
Passports, permits, landing papers, previous applications, court documents and RCMP prints help us advise quickly and accurately.
How Daley Byers Can Help
We’re Ontario Criminal Defence lawyers who regularly advise non-citizens in all communities throughout Ontario including Toronto, Milton, Brampton, Hamilton, Kitchener, St. Catharines, Barrie, Newmarket and more, on the immigration-sensitive way to resolve criminal charges. We:
- Identify IRPA serious criminality risks early and adjust defence strategy
- Push for non-conviction outcomes where appropriate
- Structure pleas and submissions with immigration consequences in mind
- Work alongside immigration counsel when your file demands it
Facing criminal charges in Ontario? Contact us to know your options.
If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.
If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.
Key takeaways
- Convictions can trigger inadmissibility.
- Discharges and peace bonds usually avoid s.36 criminal inadmissibility.
- Impaired driving is now serious criminality and can jeopardize PR status and entry for foreign nationals.
- Domestic charges: Some are considered serious criminality and some are not.
- A record suspension can remove IRPA s.36 reliance on a Canadian conviction.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances. Laws can change, and we cannot predict the future as it relates to American Immigration policy.