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Criminal immigration opinion · Canada

Immigration opinion letters for people facing criminal charges in BC

If you are not a Canadian citizen, the outcome of a criminal case can decide your immigration future. A plea, a discharge, a conditional sentence or a jail term of a particular length can mean the difference between keeping your status and facing removal, or between keeping an appeal and losing it. An immigration opinion letter sets out, in writing, what each realistic outcome would mean for you, so you and your criminal lawyer can decide with the full picture. Lawgical Law Corporation is an immigration law firm with offices in Surrey, Abbotsford and Vancouver, BC.

  • Written opinions for you and your criminal lawyer
  • Permanent residents, temporary residents and refugee claimants
  • Before a plea, peace bond or joint submission
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Book an immigration opinion consultation

Tell us a little about your situation and we'll be in touch to arrange a time.

Your information is kept confidential. Submitting this form does not create a lawyer–client relationship.

Before you plead or agree to a joint submission: Get the immigration opinion first. After sentencing, the options narrow.

Reviewed by Prabhpreet Kaur Sangha, Barrister & Solicitor · Updated

Who needs one

Why does the criminal outcome matter for immigration?

The effect depends on your status and on the exact outcome.

Permanent residents

Serious criminality covers a conviction for an offence with a maximum of at least 10 years, or one where more than six months’ imprisonment is imposed (IRPA s.36(1)(a)). A crime punished by at least six months’ imprisonment also ends the appeal to the Immigration Appeal Division (s.64(2)).

Temporary residents and visitors

One conviction for an offence that can be prosecuted by indictment is enough for criminality, even if it was prosecuted summarily (IRPA s.36(2)(a) and s.36(3)(a)).

Refugee claimants

A claim is ineligible if the claimant is found inadmissible for serious criminality. For a conviction in Canada, that means an offence with a maximum of at least 10 years (IRPA s.101(1)(f) and s.101(2)(a)).

Protected persons

A conviction is not a ground for ending refugee protection (s.108). But the protection against removal does not apply to someone inadmissible for serious criminality whom the Minister finds to be a danger to the public in Canada (s.115(2)(a)).

We set out the immigration effect of each realistic outcome in your case. Small differences in a sentence can change the result.

  • Absolute or conditional discharge: the offender “shall be deemed not to have been convicted” (Criminal Code s.730(3)). A withdrawn charge, a stay or an acquittal is not a conviction either
  • Peace bond: an order to keep the peace and be of good behaviour, not a finding of guilt, so not a conviction (Criminal Code s.810)
  • Conditional sentence: not a “term of imprisonment” under IRPA s.36(1)(a) (Tran, 2017 SCC 50)
  • Imprisonment of six months or more: no appeal to the Immigration Appeal Division (IRPA s.64(2))

Get the opinion before any plea, peace bond, diversion or joint submission is agreed.

Contact us as early as possible, before any plea, peace bond, diversion or joint submission is agreed.

  • Send the charges, the Crown’s position or proposed resolution, the outcomes being discussed, and the client’s immigration documents
  • We write the opinion to you, so it can be used in negotiations and at sentencing
  • Email sundeep@lawgicalcorp.com or call (778) 598-3785

Any of our immigration lawyers can prepare the opinion.

  1. Tell us your status and chargesWe confirm your exact immigration status and history.
  2. Review the optionsWe look at each realistic plea and sentence with you or your criminal lawyer.
  3. Written opinionWe set out the immigration effect of each outcome in a letter your criminal lawyer can use.
  4. AfterwardsWe handle the immigration side: a section 44 report, an appeal or a humanitarian application.

Your immigration lawyers

Prabhpreet Kaur Sangha, immigration lawyer

Prabhpreet Kaur Sangha

Refugee claims, appeals, inadmissibility, Federal Court

Full profile
Sundeep S. Grewal, immigration lawyer

Sundeep S. Grewal

Founder · Barrister & Solicitor

Full profile

Immigration opinion questions

Either. Usually the criminal lawyer asks, and we write to them so the opinion can be used in negotiations and at sentencing.

No. A peace bond under section 810 of the Criminal Code is an order to keep the peace and be of good behaviour. It is not a finding of guilt.

Not automatically. The Supreme Court of Canada has said a sentencing judge may take immigration consequences into account, as long as the sentence stays fit for the offence and the offender (R. v. Pham, 2013 SCC 15). The judge can only do that if someone puts the consequences before the court.

Yes. Serious criminality makes a claim ineligible: for a conviction in Canada, an offence with a maximum of at least 10 years. If the claim is already before the Refugee Protection Division, a notice that it is ineligible ends those proceedings (IRPA s.104).

Ask a criminal lawyer whether a sentence appeal is possible, and get immigration advice on what comes next, such as a section 44 report or an appeal.

Official sources: Immigration and Refugee Protection Act, sections 36, 64 and 101

Guides from our lawyers

What our immigration clients say

“Sundeep is professional, well versed in immigration matters and extremely timely with correspondence. During this pandemic, not being able to meet in person, Sundeep made sure I was comfortable with communicating and responding with regards to remote dialog. Thank you Sundeep and Lawgical, you're in great hands!”
S. Bothé
“Sundeep Grewal was very understanding and helpful. I would recommend this firm for immigration problems. He explained everything to us in detail. He went out of his way to send important information for my son's case.”
Dilbag Sangha

Other immigration services

Family sponsorshipPermanent residenceCitizenshipHumanitarian and compassionateRefugee claimsPre-removal risk assessmentRefusals and appealsSpousal sponsorship appealsParent sponsorship appealsPR removal order appealsResidency obligation appealsIRCC delays and mandamusStays and deferrals of removalInadmissibilityEntering Canada with a DUI

Criminal immigration opinion help in Abbotsford, Surrey and Vancouver

Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.

Abbotsford immigration lawyersOffice 1211, #104 - 32615 South Fraser Way Surrey immigration lawyers#208 - 5455 152 St Vancouver office#1300, 1500 W. Georgia Street

Facing a criminal charge and not a citizen?

Book a consultation before you plead, and we will explain what each outcome means for your status.

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