I’m a permanent resident convicted of a serious crime. What will happen?
Question & AnswerI’m a permanent resident convicted of a serious crime. What will happen?
Ask CBSA not to write a report
When Canada Border Services Agency (CBSA) finds out that you’ve been convicted, they send you a letter. The letter says that they must decide whether they’ll write a report that says you’re .
If CBSA writes the report, this leads to an at the Immigration Division of the (IRB). They can order that you be .
Letter from CBSA
The letter from CBSA will:
- explain why CBSA believes you’re inadmissible because of immigration rules,
- state which criminal conviction they say makes you inadmissible, and
- ask you to give reasons why you should not lose your status.
If you get a letter like this, get legal help right away.
The letter may ask you to come to an interview or send your reasons to CBSA in writing. If you get an interview, you don’t have the right to bring a lawyer. But CBSA will usually let you do this.
Reasons CBSA considers
When CBSA decides whether to write a report, they have to consider reasons why you should not lose your permanent resident status. For example, they look at:
- how long you’ve been in Canada and how old you were when you came here
- what family members you have in Canada and how they’d be affected if you were forced to leave
- what family members you have in your home country and your relationship with them
- how settled you are in Canada, for example, jobs you’ve had, your language skills, and ways you’re involved in the community, such as being a volunteer or belonging to groups or organizations
They also consider the seriousness of the crime you were convicted of and your criminal record.
Whether you get an interview or send CBSA a letter, make sure you say how these factors apply to you.
Getting CBSA’s decision
CBSA usually decides that a permanent resident convicted of a should have an admissibility hearing.
But CBSA can decide not to write a report. If this happens, you can remain in Canada as a permanent resident.