Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA ss. 28, 36, 40, 44, 46, 63, 64 and 67, and the Criminal Code checked that day.
The rule: a permanent resident can be removed for “serious criminality”: a Canadian offence with a maximum of 10 years or more, or any federal offence where the sentence was over 6 months (IRPA s. 36(1)).
The appeal line: a jail sentence of 6 months or more takes away the appeal to the Immigration Appeal Division (s. 64).
The timing: the best chance to protect your status is before you plead or are sentenced. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
Yes, a permanent resident can be deported from Canada, but only on grounds set out in the Immigration and Refugee Protection Act, and only after a report and, in most criminal cases, a hearing. For crimes, the test is “serious criminality”: a conviction in Canada for an offence that carries a maximum of at least 10 years, or a sentence of more than 6 months for any federal offence (IRPA s. 36(1)). Many common offences, including impaired driving, assault causing bodily harm and most drug trafficking, carry a 10-year maximum, so a conviction can count even if you received only a fine.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents permanent residents facing removal for criminal convictions, from the plea stage to the Immigration Division and the Immigration Appeal Division; this guide is by Prabhpreet Kaur Sangha.
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On what grounds can a permanent resident be deported?
| Ground | What it covers | IRPA |
|---|---|---|
| Serious criminality | A Canadian offence with a maximum of 10+ years, a sentence over 6 months, or a serious offence or act abroad | s. 36(1) |
| Misrepresentation | Lying or leaving out important facts in an immigration application, including the one that gave you PR | s. 40 |
| Residency obligation | Not being in Canada for 730 days in a five-year period | ss. 28, 41 |
| Security, human rights violations, organized crime | Membership or acts listed in those sections | ss. 34, 35, 37 |
Note: plain “criminality” (s. 36(2)), such as a single summary offence, applies to foreign nationals, not to permanent residents. For a permanent resident, the offence has to reach the serious criminality level.
Which crimes count as serious criminality?
The test looks at the maximum sentence the law allows, not the sentence you got. A “hybrid” offence (one the Crown can prosecute either way) is treated as indictable even if it was prosecuted summarily (s. 36(3)(a)).
| Offence | Why it counts |
|---|---|
| Impaired driving or refusing a breath demand (on or after Dec 18, 2018) | Maximum 10 years on indictment (Criminal Code s. 320.19); see how a DUI affects permanent residency |
| Assault causing bodily harm, assault with a weapon | Maximum 10 years |
| Sexual assault | Maximum 10 years or more |
| Robbery, break and enter of a home | Maximum life imprisonment |
| Fraud or theft over $5,000 | Maximum 14 or 10 years |
| Drug trafficking or possession for the purpose of trafficking (most substances) | Maximum 10 years or more |
Any federal offence can also count if the sentence was more than six months, whatever its maximum. A record suspension (pardon) or a final acquittal removes the conviction from consideration (s. 36(3)(b)).
The 6-month rule and your appeal
If you are found inadmissible for serious criminality, whether you can appeal to the Immigration Appeal Division depends on the sentence. A crime “punished in Canada by a term of imprisonment of at least six months” removes the appeal (s. 64(2)). Under six months, you keep it, and the IAD can let you stay on humanitarian grounds (s. 67) or stay the removal with conditions (s. 68). See removal order appeals.
In Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, the Supreme Court of Canada held that a conditional sentence served in the community is not a “term of imprisonment” under s. 36(1)(a) (paras. 24–34 and 56), noting that the same words in ss. 36(1)(a) and 64 had already been read to mean prison (para. 29). The Court also held that the maximum sentence that counts is the one available when the offence was committed, not when admissibility is decided (paras. 35–53 and 56). This is why the plea and sentencing stage matters so much: see the immigration consequences of a criminal plea.
How it happens
- CBSA writes a report under s. 44 and sends you a letter inviting submissions. See a section 44 letter for permanent residents.
- If the report goes ahead, it is referred to the Immigration Division for the admissibility hearing.
- If the member finds you inadmissible, a deportation order is made. You lose permanent residence when the order takes effect: after any appeal is decided, or right away if you have none (s. 46(1)(c)).
- If there is no appeal, the remaining options are narrower: removal after a criminal conviction.
Only charged, not convicted?
A charge alone doesn’t make a permanent resident inadmissible. But what you plead to, and the sentence, decide almost everything that follows. Get immigration advice before you plead. See a pending criminal charge.
| Outcome | Immigration consequence |
|---|---|
| Absolute or conditional discharge | Not a conviction: no inadmissibility |
| Peace bond | Not a conviction: no inadmissibility |
| Acquittal or stay of proceedings | No inadmissibility |
| Not criminally responsible (NCR) | Not a conviction |
| Suspended sentence | Is a conviction: it can count |
Why this needs a lawyer
One lawyer, one file, every step:
- advising you and your criminal lawyer before a plea or sentencing;
- writing submissions in response to the s. 44 letter;
- representing you at the Immigration Division hearing;
- appeals to the Immigration Appeal Division and Federal Court reviews.
Most of the damage happens before anyone mentions immigration: a plea or a sentence that crosses the 6-month line can’t be undone later.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Pleading guilty to a hybrid offence on the assumption that a summary conviction is “minor”.
- Agreeing to a 6-month jail sentence when a shorter or conditional sentence was possible.
- Ignoring the CBSA s. 44 letter or answering it without the right evidence.
- Assuming a long time in Canada or Canadian children prevents removal.
Frequently asked questions
Can a permanent resident be deported for a DUI?
Yes, for impaired driving on or after December 18, 2018, because the maximum is now 10 years. See how a DUI affects permanent residency.
Does a conditional sentence count as six months?
No. In Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, the Supreme Court of Canada held a conditional sentence is not a term of imprisonment under s. 36(1)(a).
Does a pardon help?
Yes. A record suspension that hasn’t been revoked means the conviction can’t be used (s. 36(3)(b)).
Can I be deported for something I did outside Canada?
Yes, if the offence would carry a 10-year maximum in Canada (s. 36(1)(b) and (c)).
How long does it take?
It varies. The s. 44 letter, the hearing and any appeal can take many months; the letter’s deadline is short.
What should I do right now?
If you’ve been charged, talk to an immigration lawyer before you plead. If you’ve received a CBSA letter, don’t miss its deadline.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 36
- Immigration and Refugee Protection Act, s. 64
- Immigration and Refugee Protection Act, s. 67
- Immigration and Refugee Protection Act, s. 68
- Immigration and Refugee Protection Act, s. 44
- Immigration and Refugee Protection Act, s. 46
- Immigration and Refugee Protection Act, s. 28
- Immigration and Refugee Protection Act, s. 40
- Criminal Code, s. 320.19
- Criminal Records Act
- Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, [2017] 2 SCR 289
This article is general information, not legal advice. Every case depends on its own facts.