August 25, 2018
Canadian PR can lose their status and be deported under a strict change to the criminal code (Bill C-46). In bill C 46, impaired driving conviction is now a ‘serious criminality’ and the maximum imprisonment for impaired driving is 10 years.
Following the Bill C-46 changes, even it is a first time offence, a PR convicted for an impaired driving offence can lose their status and face deportation regardless what the sentence
Under Canada immigration law, ‘serious criminality’ offences can result in loss of PR status.
The Canadian Bar Association, Immigration Section, had previously asserted Bill C-46, if implemented, immigration and border control agencies can expect increased workload of what will result in a major increase in deportations.
The following are other information information about Bill C-46
- Sponsored relatives with an impaired conviction have no right to appeal from a refusal by an cic immigration officer on inadmissibility for an impaired offence.
- Principal applicants and accompanying dependents convicted of impaired offences is inadmissible for serious criminality.
- PR who are convicted in foriegn countries (or when a cic officer believes a PR has committed an impaired driving offence outside Canada) are inadmissible for serious criminality which means loss of PR status and have no right to appeal.
- Persons with foreign impaired convictions are not eligible for deemed rehabilitation and persons previously deemed rehabilitated are inadmissible again.
Learn the ways to Overcome Canada Criminal Inadmissibility
If qualified and a person who has committed a lesser, non-serious crime can be considered deemed rehabilitated by the Canadian government and allowed to enter Canada. There is a waiting period of 5 years for Aplicants or dependents with an impaired driving offence from the date of conviction and conclusion of the sentenc to apply for rehabilitation.
2- Temporary Resident Permit (TRP)
If qualified, they can be granted a TRP and allowed to enter Canada for a limited time. This is applicable for applicants or dependents whose inadmissible person’s entry into Canada is deemed to be “justified in the circumstances”,
A TRP will is usually valid for one day and three years depending on various factors related to the person applying for the TRP.