For a permanent resident or a foreign national, a criminal charge is never only a criminal problem. The outcome in criminal court can quietly decide whether you keep your status in Canada, and whether you have any right of appeal if removal is sought. We do not act as your criminal defence counsel. We handle the immigration side, and we work alongside your criminal lawyer so that the two are not pulling in different directions.

Why a criminal matter is an immigration matter

Under the Immigration and Refugee Protection Act, a permanent resident can be found inadmissible for serious criminality: a conviction in Canada for an offence punishable by a maximum of at least 10 years, or one for which a sentence of more than six months was actually imposed. The sentence imposed, not just the offence, can be what triggers inadmissibility.

The appeal right you can lose at sentencing

This is the point most people learn too late. Under section 64, a sentence of imprisonment of six months or more removes the right to appeal a removal order to the Immigration Appeal Division. The sentence is counted to the day, and pre-sentence custody credited by the judge can count toward it. A difference of days in a sentence can be the difference between having an appeal and having none.

The sentencing-stage opinion letter

Because the immigration consequence often turns on the exact sentence, the time to act is before the plea and sentencing, not after removal proceedings begin. We prepare immigration opinion letters for criminal counsel and the court, explaining the immigration stakes so that they can be properly weighed. Whether appeal rights are ultimately lost is decided by the Immigration Appeal Division, not by an officer’s view, which is one more reason to put the position clearly on the record early.

What we handle

• Immigration opinion letters for criminal defence counsel and sentencing courts.
• Admissibility assessments for permanent residents and foreign nationals facing charges.
• Responses to inadmissibility reports and referrals (section 44).
• Removal order appeals to the Immigration Appeal Division, where a right of appeal exists.
• Criminal rehabilitation and record suspension to overcome past inadmissibility.

This page is general legal information and is not legal advice. We provide immigration representation and opinions; we do not provide criminal defence. For your own situation, please book a consultation.