1. Learn what types of crimes affect immigration status

Your immigration status will be affected if you're convicted of an offence under a federal law, like the Criminal Code of Canada.

Offences are handled differently in Canadian criminal law and immigration law.

There are 3 types of crimes in criminal law:

1. summary offence
2. indictable offence
3. hybrid offence

A summary offence is less serious. And an indictable offence is more serious. Most crimes in Canada are hybrid offences.

In immigration law, a crime can be:

• a regular crime
• a serious crime
• an organized crime

If you're a permanent resident, only a serious crime can make you inadmissible to Canada. If you're a foreign national, both serious and regular crimes can make you inadmissible.

Regular crime

A crime is regular if:

• it's a hybrid offence, such as theft under $5,000,
  assault, or drug possession, or
• a person has 2 convictions for any type of crime from 2 different events.

Serious crime

A crime is serious if:

• the maximum jail sentence is 10 years or more, even if you get a shorter sentence or no time in jail, or
• you're sentenced to 6 months in jail or more.

Organized crime

You don't have to be charged or convicted of a crime to be found inadmissible for organized crime, which includes:

• being a member of a criminal organization,
• taking part in gang activity, or
• participating in a crime that happens in more than one country, such as smuggling.

Security threat

You can also be inadmissible if the Canada Border Services Agency (CBSA) proves that:

• you're a security threat, or
• you abused human or international rights.