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Dear Miss Powell,I have been a permanent resident of Canada for 11 years. I recently got into some legal trouble and am facing criminal charges. Someone told me that I could be deported. I thought permanent residence meant I could stay in Canada permanently. Please advise.DMDear DM,Permanent residence is not the same as Canadian citizenship. While permanent residents have the right to live and work in Canada indefinitely, that status can be lost if certain legal requirements are not met.A Canadian citizen generally cannot be removed from Canada under the immigration laws that apply to permanent residents. Permanent residents, however, remain subject to the provisions of the Immigration and Refugee Protection Act, which sets out several grounds on which a person may be found inadmissible and ultimately removed from Canada.GROUNDS FOR DEPORTATIONOne of the most common grounds for removal is serious criminality. A criminal charge does not automatically result in deportation. However, the way a criminal matter is resolved can have significant immigration consequences.Under Canadian immigration law, a permanent resident may be found inadmissible for serious criminality if convicted of an offence punishable by a maximum term of imprisonment of at least 10 years, or if a sentence of more than six months’ imprisonment is imposed. This is why criminal proceedings should never be viewed solely as a criminal law issue. The immigration consequences can sometimes be as serious as the criminal penalties themselves.Another ground of inadmissibility is misrepresentation. This occurs when false, misleading, or incomplete information is provided during an immigration application. Even if permanent residence was granted years ago, immigration authorities may still take action if the misrepresentation is later discovered.Permanent residents must also comply with Canada’s residency obligation. In most cases, they must be physically present in Canada for at least 730 days during every five-year period. Certain periods spent outside Canada may count towards that requirement, depending on the circumstances.Where immigration authorities believe a permanent resident is inadmissible, proceedings may be initiated that could eventually result in a removal order. In many cases, the individual has the right to appeal and ask that humanitarian and compassionate considerations be taken into account. These may include the length of time spent in Canada, family ties, establishment in the community, the best interests of any children affected, and the hardship that removal wouldcause.There is, however, an important exception. A permanent resident who receives a sentence of more than six months’ imprisonment for serious criminality generally loses the right to appeal a removal order to the Immigration Appeal Division. In those circumstances, the available remedies become significantly more limited.CITIZENSHIP APPLICATIONSTo be eligible for Canadian citizenship, a person must first be a permanent resident and must not be subject to any prohibition under the Citizenship Act.Generally, applicants must have been physically present in Canada for at least 1,095 days during the five years immediately before applying. Time spent in Canada before becoming a permanent resident may count towards that requirement at half-value, up to a maximum credit of 365 days.Applicants must also have filed Canadian income taxes, if required to do so, for at least three taxation years within the relevant five-year period. Applicants between the ages of 18 and 54 must demonstrate adequate knowledge of English or French and pass a citizenship test covering Canada’s history, institutions, rights and responsibilities.Certain circumstances may make a person ineligible to apply. These include being under a removal order, being charged with or convicted of certain offences, or serving a sentence or subject to other statutory prohibitions. This is another reason why criminal proceedings can affect more than a person’s immediate liberty. They can also affect the path to Canadian citizenship.One of the most common mistakes I see is permanent residents delaying their citizenship applications even though they are fully eligible to apply.Many people assume that because they have lived in Canada for years, own property, work, pay taxes and have built their lives here, their immigration status is completely secure. Unfortunately, that is not always the case.Canadian citizenship provides protections that permanent residence does not. Once an individual becomes a citizen, they are no longer subject to removal under the immigration inadmissibility provisions that apply to permanent residents. If you qualify, citizenship should be viewed not only as a milestone but also as an important part of your long-term immigration planning.Any permanent resident facing criminal proceedings should seek advice from both a criminal defence lawyer and an immigration lawyer as early as possible. Decisions made during a criminal case can have lasting consequences for a person’s ability to remain in Canada.Eleven years in Canada is a significant factor, but it does not guarantee protection from removal.Citizenship remains the strongest protection available against the immigration consequences that can affect permanent residents.Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.
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