Criminal Inadmissibility and Immigration Consequences
Criminal charges, convictions and records from outside Canada can affect whether you can enter Canada, obtain immigration status or remain here. If you are facing a charge in Ontario and are not a Canadian citizen, get advice on the immigration consequences before deciding how to resolve the criminal case.
The Law Office of Kalina & Tejpal brings together criminal defence and immigration litigation. We assist permanent residents, foreign nationals and applicants from our Mississauga office, serving clients across Peel and Ontario.
When to speak with counsel
Contact us if you are facing a criminal charge, planning to travel with a prior record, or have received a procedural fairness letter, inadmissibility report, hearing notice or removal order. The options and deadlines depend on your status and the document you received. Do not assume that a criminal court date extends an immigration deadline.
What determines criminal inadmissibility?
Section 36 of the Immigration and Refugee Protection Act distinguishes serious criminality, which can apply to permanent residents and foreign nationals, from criminality under subsection 36(2), which applies to foreign nationals. For a Canadian conviction, the offence and sentence can matter. For foreign conduct, the Canadian equivalent of the offence can be decisive. In some cases, conduct outside Canada can be considered even without a conviction.
A charge is not the same as a conviction. The exact disposition, the court records and the wording of the immigration question or notice all matter. A foreign discharge or pardon should not be assumed to have the same effect as a Canadian one.
How we can help
We review your status, the criminal and immigration records, and any deadlines. While a criminal case is pending, we assess immigration consequences alongside the criminal defence strategy. Where a decision or report has already been issued, we identify what is being alleged, what evidence is missing and which response, hearing or review options may be available. Appeal rights are not automatic.
Depending on the record and your circumstances, we can assess individual or deemed rehabilitation, the effect of a Canadian record suspension, or a temporary resident permit. A temporary resident permit is discretionary and does not permanently remove inadmissibility. See Immigration, Refugees and Citizenship Canada’s guidance on criminal convictions.
What to bring to a consultation
Bring any immigration notice and deadline, your current status, the charges or court disposition, and sentencing and completion records if available. For a foreign case, identify the country and the exact offence. Do not send sensitive records through an unsecured initial enquiry.
Related services: Criminal Defence and Immigration Litigation and Admissibility. For more detail, read Criminal Convictions and Immigration Consequences.
This page provides general information, not legal advice.