{"id":2587,"date":"2026-11-13T22:32:16","date_gmt":"2026-11-13T22:32:16","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/what-crimes-permanent-resident-deported-canada\/"},"modified":"2026-11-13T22:32:16","modified_gmt":"2026-11-13T22:32:16","slug":"what-crimes-permanent-resident-deported-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/what-crimes-permanent-resident-deported-canada\/","title":{"rendered":"What crimes can get a permanent resident deported from Canada?"},"content":{"rendered":"

By Prabhpreet Kaur Sangha<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 13, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 13, 2026: IRPA ss. 28, 36, 40, 44, 46, 63, 64 and 67, and the Criminal Code checked that day.<\/em><\/p>\n

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The rule:<\/strong> 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)).<\/p>\n

The appeal line:<\/strong> a jail sentence of 6 months or more takes away the appeal to the Immigration Appeal Division (s. 64).<\/p>\n

The timing:<\/strong> the best chance to protect your status is before you plead or are sentenced. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

\n

Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

On what grounds can a permanent resident be deported?<\/h2>\n
\n\n\n\n\n\n\n\n\n
Grounds that can lead to a removal order for a permanent resident<\/caption>\n
Ground<\/th>\nWhat it covers<\/th>\nIRPA<\/th>\n<\/tr>\n<\/thead>\n
Serious criminality<\/td>\nA Canadian offence with a maximum of 10+ years, a sentence over 6 months, or a serious offence or act abroad<\/td>\ns. 36(1)<\/td>\n<\/tr>\n
Misrepresentation<\/td>\nLying or leaving out important facts in an immigration application, including the one that gave you PR<\/td>\ns. 40<\/td>\n<\/tr>\n
Residency obligation<\/td>\nNot being in Canada for 730 days in a five-year period<\/td>\nss. 28, 41<\/td>\n<\/tr>\n
Security, human rights violations, organized crime<\/td>\nMembership or acts listed in those sections<\/td>\nss. 34, 35, 37<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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.<\/p>\n

Which crimes count as serious criminality?<\/h2>\n

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)).<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n
Common offences with a maximum of 10 years or more (examples)<\/caption>\n
Offence<\/th>\nWhy it counts<\/th>\n<\/tr>\n<\/thead>\n
Impaired driving or refusing a breath demand (on or after Dec 18, 2018)<\/td>\nMaximum 10 years on indictment (Criminal Code s. 320.19); see how a DUI affects permanent residency<\/a><\/td>\n<\/tr>\n
Assault causing bodily harm, assault with a weapon<\/td>\nMaximum 10 years<\/td>\n<\/tr>\n
Sexual assault<\/td>\nMaximum 10 years or more<\/td>\n<\/tr>\n
Robbery, break and enter of a home<\/td>\nMaximum life imprisonment<\/td>\n<\/tr>\n
Fraud or theft over $5,000<\/td>\nMaximum 14 or 10 years<\/td>\n<\/tr>\n
Drug trafficking or possession for the purpose of trafficking (most substances)<\/td>\nMaximum 10 years or more<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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)).<\/p>\n

The 6-month rule and your appeal<\/h2>\n

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<\/a>.<\/p>\n

In Tran v. Canada (Public Safety and Emergency Preparedness)<\/em>, 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\u201334 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\u201353 and 56). This is why the plea and sentencing stage matters so much: see the immigration consequences of a criminal plea<\/a>.<\/p>\n

How it happens<\/h2>\n
    \n
  1. CBSA writes a report under s. 44 and sends you a letter inviting submissions. See a section 44 letter for permanent residents<\/a>.<\/li>\n
  2. If the report goes ahead, it is referred to the Immigration Division for the admissibility hearing<\/a>.<\/li>\n
  3. 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)).<\/li>\n
  4. If there is no appeal, the remaining options are narrower: removal after a criminal conviction<\/a>.<\/li>\n<\/ol>\n

    Only charged, not convicted?<\/h2>\n

    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<\/a>.<\/p>\n

    \n\n\n\n\n\n\n\n\n\n
    Criminal outcomes that are not convictions for immigration purposes<\/caption>\n
    Outcome<\/th>\nImmigration consequence<\/th>\n<\/tr>\n<\/thead>\n
    Absolute or conditional discharge<\/td>\nNot a conviction: no inadmissibility<\/td>\n<\/tr>\n
    Peace bond<\/td>\nNot a conviction: no inadmissibility<\/td>\n<\/tr>\n
    Acquittal or stay of proceedings<\/td>\nNo inadmissibility<\/td>\n<\/tr>\n
    Not criminally responsible (NCR)<\/td>\nNot a conviction<\/td>\n<\/tr>\n
    Suspended sentence<\/td>\nIs a conviction: it can count<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    Why this needs a lawyer<\/h2>\n

    One lawyer, one file, every step:<\/strong><\/p>\n