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Immigration Consequences Letter

Immigration Consequences Letter

At Kahlon Law Office, we recognize that facing criminal charges is a stressful experience, especially when your immigration status in Canada is at risk. The intersection of criminal and immigration law is complex, and even seemingly minor offenses can lead to serious repercussions, including inadmissibility, loss of permanent residency, or deportation.

Why immigration consequences matter?

Under Canada’s Immigration and Refugee Protection Act (IRPA), certain criminal convictions can result in removal from Canada. Whether you are a permanent resident, temporary worker, student, or refugee claimant, it is crucial to understand the immigration implications of criminal charges before accepting a plea or sentencing.

Key immigration consequences of criminal convictions:

  •  Permanent Residents:
    • Convictions for offenses punishable by 10 years or more can result in inadmissibility.
    • A sentence of six months or more eliminates the right to appeal a removal order.
  •  Foreign Nationals (Temporary Workers, Students, Visitors):
    • Convictions for indictable or hybrid offenses can lead to inadmissibility.
    • Two or more convictions from separate incidents may result in removal.
  •  Refugee Claimants & Protected Persons:
    • A conviction for a serious criminal offense can strip away refugee protections and lead to deportation.
    • Loss of eligibility to apply for permanent residence.

How sentencing affects immigration status?

  • Conditional Sentences (house arrest): Considered custodial and may result in inadmissibility.
  • Pre-trial Custody: Time served before sentencing counts toward the total sentence length.
  • Pleading Guilty: Without proper legal advice, this could lead to unforeseen immigration consequences

It is important to seek immigration opinion while your criminal case is ongoing. At Kahlon Law Office, we provide Immigration Consequences and Opinion Letters for individuals facing criminal charges in Canada. These letters are essential for clients and their criminal lawyers to make informed legal decisions regarding immigration status.

Why is an immigration opinion letter important?

Canadian courts recognize the serious immigration consequences of criminal charges. Case law highlights the obligation of criminal lawyers to inform clients of these risks before a guilty plea:

  • R. v. Shiwprashad, 2015 ONCA 577 – The Ontario Court of Appeal emphasized that defense counsel must advise clients of immigration risks before entering a plea.
  • R. v. Pham, 2013 SCC 15 – The Supreme Court of Canada ruled that sentencing judges must consider immigration consequences, but cannot reduce a sentence solely to avoid deportation.

An Immigration Opinion Letter can:

  • Assess whether a guilty plea or conviction will lead to deportation or inadmissibility.
  • Assist criminal defense lawyers in plea negotiations.
  • Provide expert legal guidance to courts and prosecutors.
  • Explore possible remedies to avoid negative immigration consequences.

Who needs an immigration opinion letter?

You may need an Immigration Opinion Letter if you are:

  •  A permanent resident charged with an offense punishable by at least 10 years in prison or sentenced to more than six months (IRPA s.36(1)).
  •  A temporary resident (student, worker, visitor) facing criminal charges that could result in inadmissibility.
  •  A refugee claimant or protected person concerned about removal risks.
  •  A foreign national with no status who may become ineligible for immigration relief.
  •  A criminal lawyer seeking expert immigration input for a client’s case.

What are the key legal considerations and case law on immigration consequences?

Duty to Advise Clients of Immigration Consequences

  • Courts require defense counsel to inform non-citizen clients about immigration risks before a guilty plea (R. v. Shiwprashad, 2015 ONCA 577).

Sentencing & Deportation Risk

  • Sentencing judges must consider immigration consequences, but they cannot impose an unfit sentence just to avoid deportation (R. v. Pham, 2013 SCC 15).

Permanent Residents & Deportation

  • A conviction with a sentence of six months or more may eliminate a permanent resident’s right to appeal a deportation order (IRPA s.64(2)).

Criminality & Immigration Status

  • Offenses categorized as serious criminality (IRPA s.36(1)) or organized criminality (IRPA s.37) can lead to automatic removal from Canada.

How can Kahlon Law Office help?

At Kahlon Law Office, we provide tailored Immigration Opinion Letters specific to your case. Whether you need modifications, clarifications, or additional legal references, we ensure the letter aligns with your legal needs. Navigating the legal landscape alone can jeopardize your future. That is why our team works closely with criminal defence counsel to thoroughly assess the immigration consequences before you proceed with a plea or sentencing.

If you are facing criminal charges and require an Immigration Opinion Letter, Kahlon Law Office is here to assist. With extensive experience in criminal inadmissibility matters, we offer comprehensive legal support to protect your immigration status.

We offer:

  •  Legal opinions on the immigration impact of criminal charges.
  •  Strategic legal advice to minimize the risk of removal.
  •  Defense strategies tailored to your immigration status.

If you are a non-citizen facing criminal charges, your decisions today can directly impact your ability to remain in Canada. Before accepting a plea-deal or pleading guilty, contact Kahlon Law Office for a consultation and ensure you are making an informed decision that protects your future.

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