CIC News > Latest News > CIC News Case Files: Receiving a Criminal Conviction While Already in Canada

CIC News Case Files: Receiving a Criminal Conviction While Already in Canada

Font Style

Font Size

What happens when a Temporary Foreign Worker is convicted of a crime while living and working in Canada? The answer may surprise you.

CIC News recently came across one such case. An individual who was already working in Canada was convicted of drunk driving. This began a long process for himself and his legal representatives, as they fought for his right to remain in Canada. The process has helped shed light on the intricacies of Canadian immigration law and how it pertains to issues of criminal inadmissibility. It also underscores the importance of taking decisive action and finding a knowledgeable representative to assist in understanding these intricacies.

Criminal Inadmissibility

Any person with a criminal conviction has the potential to be considered inadmissible to Canada on the grounds of security, pursuant to the Immigration and Refugee Protection Act and Regulations. Individuals who wish to reside in Canada on a temporary or permanent basis, and who have been convicted of a criminal offense, must take steps to address this before entering Canada.

There are a number of ways to address criminal inadmissibility. The way in which it is addressed is determined by the nature of the offense, number of offenses committed, and when the conviction occurred. If less than 5 years have elapsed since the completion of the sentence, an application for a Temporary Resident Permit (TRP) must be filed with Citizenship and Immigration Canada, and a TRP must be received, before coming to the country. The different ways to address issues of criminal inadmissibility will be outlined in future editions of CIC News.

Individuals who commit a crime while living in Canada have additional issues to address. Depending on the severity of the offense, they may face the possibility of having their status in Canada revoked and/or being served with a deportation order. Because they are already in Canada, the overall situation is likely to be more complex. The following recent case demonstrated this complexity…

The Criminality Case

“James” (real name withheld for anonymity) is a Temporary Foreign Worker currently in Canada. In October 2011, he was arrested, in Canada, for a lesser criminal offence. Approximately 2 months after his conviction, he was required to attend a hearing which was convened by the Canadian Border Services Agency (CBSA). The CBSA informed him that due to his conviction, he was now considered “inadmissible” to Canada.

Because of his new inadmissible status, James was issued a deportation order. This deportation would put his job, personal livelihood, and opportunities for future Canadian immigration at stake. Not wanting to leave his job and life in Canada, James retained the services of Attorney David Cohen to examine his options to remain in the country as a Temporary Foreign Worker.

Attorney Cohen first filed concurrent applications for a TRP and a Work Permit renewal from inside Canada. An individual with a criminal conviction cannot receive a Work Permit unless their criminality issue has been successfully addressed. After approximately 2 months, James received a positive TRP and Work Permit.

Despite successfully receiving a TRP, James still had an active deportation order. Did this order override any other Canadian work authorization? The CBSA confirmed that it did not.

James will now stay in Canada until his Work Permit and TRP expire in approximately 2 years. These documents were sufficient to temporarily put on hold the deportation order. However, it is unclear how the deportation will affect any plans James may have for future immigration or work in Canada.

Conclusion

The field of immigration law is complex and constantly changing. This is especially the case when dealing with issues of criminality. If you or somebody you know is a temporary or permanent resident of Canada, and has recently been convicted of a crime, quick action is imperative to ensure that you do not find yourself in a compromising legal situation.

To learn more about criminal inadmissibility, contact us today.

Tags:

Comments

7 thoughts on “CIC News Case Files: Receiving a Criminal Conviction While Already in Canada

  1. Avatar
    andres acosta

    I have a duI court date on the 21 of February I drove 4 canadians citizens home safe and as soon as I got home I got stop by a peace officer and I had 2 drinks all night and that guy took me in arrested and Im treated like a criminal all i do here is work more than no one getting paid less than no one and I dont care is what we mexicans do just work but when we do a little mistake all the law go over our shoulders like if we kill somebody i thong canada was more understanding on law problems and not at all now I cant aplly for PR I cant drive I have no salary I cant do anything how I get out of this if I leave canada im even a convicted and I cant come in at the end of that night I put safe 4 people at home because they was causing almost a fight at the bar so I took them home before they get in troubles and I never been arrested in my hwhole life until here and is ruining my life do I can get help somewhere or I just gon leave canada because no ones believe me

  2. Avatar
    Muyiwa Noah Akanji

    I NEED A VISA LETTER TO WORK IN CANADA

  3. Avatar
    BOUAZZA

    je voulais venir au canada pour changer d’air et pour avoir une ocasion pour reprendre ma vie …!

  4. Avatar
    Erwin Brown

    Want to overcome my inadmissibity / over 12 years since offense & probation ended & was deported from the USA-am i able to qualify for a visa to enter Canada for a work visa or the any training programs that will in the long run allow me to qualify for permanent residency. Seperated from children & fiancé / looking for best opportunity to reunite my family in Canada- PLEASE HELP

  5. Avatar
    Andy

    Seems that while he could remain in Canada, he wouldn’t be able to travel outside the country even to the U.S. because of the inadmissibility issue, and the saga will certainly continue…

  6. Avatar
    Buntha Cheang

    I would like to apply to work at Canada …

  7. Avatar
    md.naeim

    Thanks Canadian immigration and visa information. I thanks Canadian government and all Canadian deportment nice information give I relay happy. so Canadian nice country I like to Canada. thank you very much Canada.

We welcome your feedback

Your email address will not be published. Required fields are marked *

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.