Can I Return To Canada If I Have Been Deported Due To Criminal Charges?

April 29, 2022

Can I Return To Canada If I Have Been Deported Due To Criminal Charges?

The removal laws associated with criminal charges are quite complex and there are several determining factors that result in a certain decision. Before we move forward, know that deportation is only ordered for individuals who are either permanent residents (a foreign national allowed to live in Canada) or a refugee who has been granted the right to live permanently in Canada.

When an individual with one of these statuses is charged with a crime, the police pass this information on to the Canada Border Services Agency (CBSA). The agency is then responsible for enforcing immigration law. Keeping in mind the proceedings of the case, the CBSA prepares a report that may lead to deportation.

If you have been charged with a crime that may lead to deportation, without further ado, it is imperative that you hire a professional and experienced criminal defence lawyer. Our team of expert lawyers can help you win the case and obtain a record suspension which will ensure that the proceedings will not affect your immigration status.

Also Read: Effect Of Prior Convictions On Criminal Court Sentences In Canada

Can You Come Back After Deportation?

Unfortunately, coming back to Canada after deportation is not easy. You will not be allowed to enter the country until and unless you have a valid reason to travel to Canada. For this, you will need an Authorization to Return to Canada (ARC).

The process greatly depends on the removal order that you received. Since Immigration, Refugees and Citizenship Canada receives over 1,300 requests every year for ARC applications, it might take some time.

Criminal Offences That Can Lead To Deportation

Some of the criminal offences that can lead to deportation from Canada include:

  • Drug possession
  • Driving under the influence (DUI)
  • Theft
  • Assault
  • Resisting arrest
  • Manslaughter
  • Misrepresentation, such as forging your signature or falsifying information

If you already have a criminal record and indulge in any of the aforementioned criminal activities, it can lead to deportation.

If you have committed or have been convicted of a crime, to find out your options regarding your criminal inadmissibility it is best to consult a criminal defence lawyer.

Record Suspension

If you were deported due to a certain criminal offence and have a criminal record in Canada, then before you submit your application to the ARC, you will have to apply for a record suspension.

This can only be done with the help of a professional criminal defence lawyer. A record suspension will remove your criminal record from the Canadian Police Information Centre (CPIC) database. However, it does not mean that the record will be wiped from the face of Earth.

The offences will show up if you try to apply for some fields of study in Canada. These include:

  • Teachers College
  • Education
  • Psychology
  • Social work
  • Dentistry
  • Population and health degrees
  • Endodontics (Craniofacial Sciences)

In addition to this, it is important to understand that even if you receive a record suspension, you will be inadmissible to Canada if you have more offences that occurred outside Canada.

In this case, you will have to apply for Criminal Rehabilitation. This application is again for someone who is inadmissible to Canada due to past criminal activity.

Some of the factors that make you inadmissible are:

  • You were convicted of an offence in Canada and not pardoned under the Criminal Records Act in Canada;
  • You were convicted of an offence outside of Canada that is considered a crime in Canada;
  • You committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

Let Us Help You

Slaferek lawyers are highly proficient at strategizing effective defence strategies that can lead to case dismissal, reduced charges, reduced penalties, and more. To get in touch with us today, click here. Our expertise lies in criminal cases and DUI cases.

If you are scrambling with charges or are looking for a good criminal defence lawyer to help you fight your case, our team of trained lawyers can help you build a strong case. We have successfully closed hundreds of cases pertaining to murder, DUI, financial fraud and more.

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Contacting Darin H. Slaferek

We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.