more than 6 months jail on PR, Can be deported?

[PMM]

Hi

Are you worried about your PR application, your wife's or both?

When you say "court proposal for a 6 month" CSO, I have never known a Canadian court to "propose" a sentence. It's not a matter for negotiation. But Crown and defence counsel can negotiate are come up with a "joint submission" as to sentence. Is that what's happening?

I note that two sections of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA], are potentially engaged, the first being s. 36(1)(a), which says:

36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

Section 64 of the IRPA provides as follows:

64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months …

So those are the parameters set out in the IRPA.

I have not looked at the issue of late, but I think a CSO and a prison sentence are seen in the same light for immigration purposes. To be safe, ask for a CSO of 6 months less a day.

1. Should note the following ruling of the SSC

Nov 14, 2019 ... of serious criminality inadmissibility under subsection A36(1). The SCC concluded that a conditional sentence of imprisonment imposed pursuant to sections 742 to 742.7 of the Criminal Code does not constitute a “term of imprisonment” (that is, a jail or prison term) under paragraph A36(1)(a) the phrase “maximum term of imprisonment” in paragraph A36(1)(a) refers

 

[arwinder963]

First, clarify: are you a Canadian PR? If you are not Canadian PR and just applying to become one, then you should post your question in non-immigrant sub-forum. This forum is for PRs who are concerned with preservation of the status.

If you are a PR who wants to sponsor his wife, and are concerned about your current PR status, then read the statute: if crime for which you are convicted carries a maximum of 10 years of sentence (regardless of how much time you actually serve), then you can be stripped of your status. If the sentence of 6 months (or more ) imposed, again, your PR status can be stripped. Whether "conditional" sentence treated the same as actual imposed sentence in Canada, I don't know. But in the US , where we have a similar law (passed in 1996), if you are sentenced to one year in prison, you are subject to removal. Even if you received probationary sentence and didn't have to go to prison to serve it. Sentence is a sentence. But you need to get this checked with criminal attorney in Canada who is also well versed in immigration law.

I am really sorry my English is not good I have open work permit and my wife sponsor me she complete the study and already applied for permanent residency and file is under processing and i also apply for permanent residency behalf of wife
I don’t know the rule law code etc. so can you please tell me I am able to get pr or not
If am not can you tell me how can I stay in canada because I don’t wana go my back home

 

[jakklondon]

I am really sorry my English is not good I have open work permit and my wife sponsor me she complete the study and already applied for permanent residency and file is under processing and i also apply for permanent residency behalf of wife
I don’t know the rule law code etc. so can you please tell me I am able to get pr or not
If am not can you tell me how can I stay in canada because I don’t wana go my back home

My understanding is that you are not a PR, you hold non-immigrant visa/status and your wife, who is either PR or Canadian citizen, is sponsoring your permanent residency. It's still confusing when you say " i also apply for permanent residency behalf of wife", it sounds as if you were sponsoring your wife for PR.

In any event, this forum is for PRs who are concerned or have questions about preservation of their PR status. You would get more and better responses if you posted your inquiry in a different sub-forum, dedicated to non-immigrants in family category and in the process of applying/being sponsored for PR.

You can also consult with licensed immigration attorney (not with immigration consultant), who may review your case and advise you of your options.

 

[arwinder963]

My understanding is that you are not a PR, you hold non-immigrant visa/status and your wife, who is either PR or Canadian citizen, is sponsoring your permanent residency. It's still confusing when you say " i also apply for permanent residency behalf of wife", it sounds as if you were sponsoring your wife for PR.

In any event, this forum is for PRs who are concerned or have questions about preservation of their PR status. You would get more and better responses if you posted your inquiry in a different sub-forum, dedicated to non-immigrants in family category and in the process of applying/being sponsored for PR.

You can also consult with licensed immigration attorney (not with immigration consultant), who may review your case and advise you of your options.

My wife get lmi from food store and she get Alberta provincial nominee after we both applied for federal permanent residency

 

[armoured]

I am really sorry my English is not good I have open work permit and my wife sponsor me she complete the study and already applied for permanent residency and file is under processing and i also apply for permanent residency behalf of wife
I don’t know the rule law code etc. so can you please tell me I am able to get pr or not
If am not can you tell me how can I stay in canada because I don’t wana go my back home

You should consult a lawyer.

 

[jakklondon]

My wife get lmi from food store and she get Alberta provincial nominee after we both applied for federal permanent residency

Either way, it seems like you are not a PR yet. Most of the people who post here are either PRs , or answer questions asked by PRs and related to residency obligation.
You are, at this moment, a non-immigrant. Your inquiry is about qualifying for PR status with past criminal charge/conviction.
I believe you would fare better if you posted in non-immigrant sub forum, where a lot of people applying for PR status share their concerns and ask for assistance. You would also benefit from consulting a licensed attorney who is well versed in criminal inadmissibility laws.
I personally lack knowledge/information about the subject of your inquiry. As someone who never had to deal with criminal inadmissibility issues in Canada and unaware of applicable law, I wouldn't want to speculate one way or another.