What crimes can get you deported from Canada?
A criminal conviction can make you inadmissible to Canada and, in serious cases, lead to a removal order. This guide explains what crimes can get you deported from Canada, and how the rules differ for permanent residents and foreign nationals.
Key takeaways
What crimes can get you deported from Canada usually comes down to criminal inadmissibility under IRPA section 36. Serious criminality, a conviction for an offence punishable by a maximum of at least 10 years or one with a sentence over six months, can lead to a removal order for both permanent residents and foreign nationals. Common examples include impaired driving (a 10-year maximum offence since 2018), assault causing harm, theft or fraud over 5,000 dollars, and drug trafficking. Only Canadian citizens cannot be deported. Removal hearings and appeals are a lawyer's area, not a standard consultant's.
- Deportation usually flows from criminal inadmissibility under IRPA s.36.
- Serious criminality = an offence with a 10-year maximum, or a sentence over six months.
- It can remove both permanent residents and foreign nationals; only citizens cannot be deported.
- Everyday offences count, impaired driving has been a 10-year maximum since 2018.
- Options like criminal rehabilitation may exist; removal hearings and appeals are a lawyer's area.
What does it mean to be deported from Canada?
Being deported from Canada means being subject to a removal order, an official direction requiring you to leave the country. Removal can follow when a person is found inadmissible under the Immigration and Refugee Protection Act (IRPA), the federal law that governs who may enter and stay in Canada. There are several grounds of inadmissibility, including security, human rights violations, and misrepresentation, but the one behind most everyday concerns is criminal inadmissibility.
One distinction matters above all others: Canadian citizens cannot be deported. Removal applies to permanent residents and foreign nationals (visitors, workers, students and others without status). That is a major reason eligible permanent residents often pursue Canadian citizenship, citizenship puts deportation off the table.
Criminal inadmissibility: the real trigger for deportation
When people ask what crimes can get you deported from Canada, the legal answer lives in section 36 of IRPA, which sets out two grades of criminal inadmissibility: serious criminality and ordinary criminality. The grade depends on how the offence is punished, and it determines who is at risk of removal.
| Ground (IRPA s.36) | What it covers | Who it can make inadmissible |
|---|---|---|
| Serious criminality (s.36(1)) | A conviction for an offence punishable by a maximum of at least 10 years, or any offence for which the sentence imposed was more than six months. | Permanent residents and foreign nationals. |
| Criminality (s.36(2)) | Less serious offences, for example a single indictable offence, or two separate summary offences. | Generally foreign nationals (not permanent residents). |
The key takeaway is that serious criminalityis what most often puts a permanent resident's status at risk, while ordinary criminality more typically affects temporary residents and people applying to enter. The label turns on the maximum possible penalty for the offence and on the actual sentence, not on how minor the incident may feel.
What crimes can get you deported? Common examples
Because serious criminality is defined by the penalty rather than the name of the offence, many ordinary-sounding crimes fall inside it. The following are commonly cited examples of offences that can lead to criminal inadmissibilityin Canada. Whether removal actually follows depends on the charge, the sentence and the person's status, so treat these as illustrations, not verdicts:
- Impaired driving (DUI), a 10-year maximum offence since 2018, which is why it now sits in the serious-criminality band.
- Assault causing bodily harm and other violent offences.
- Theft over $5,000 and break and enter.
- Fraud over $5,000.
- Drug trafficking and certain other controlled-substance offences.
- Weapons offences.
A conviction abroad can count too
Permanent residents vs foreign nationals
Your status changes how much is at stake. The same offence does not carry the same immigration consequence for everyone.
- Permanent residents can be removed for serious criminality, but ordinary criminality generally does not cost them their status. A permanent resident found inadmissible for serious criminality may, in some cases, have a right of appeal to the Immigration Appeal Division, though not always, particularly where the sentence is long.
- Foreign nationals, visitors, students, workers and applicants, can be inadmissible for both serious criminality and ordinary criminality, and have fewer protections against removal.
- Canadian citizens cannot be deported at all, which is the clearest reason eligible permanent residents consider applying for citizenship once they qualify.
Can you avoid deportation? Rehabilitation and other options
A criminal record does not always end an immigration journey. Depending on the offence, your status and how much time has passed, there can be ways to overcome criminal inadmissibility:
- Criminal rehabilitation, an application to IRCC, available a set number of years after you complete your sentence, that can permanently resolve inadmissibility.
- Deemed rehabilitation, which can apply automatically in narrower cases after enough time has passed for less serious offences.
- A temporary resident permit (TRP), which can allow entry or a stay for a compelling, time-limited reason despite inadmissibility.
- Appeal rights, where available, for a permanent resident facing removal, decided by the Immigration Appeal Division.
This is informational, and some of it is a lawyer's work
How Wild Mountain Immigration helps (and when you need a lawyer)
If you are worried that a conviction could affect your status or a future application, the most useful first step is an honest assessment. Working under a licensed RCIC (CICC #R706497), we can review your situation, explain whether an offence is likely to raise a serious criminality concern, and, where it fits our scope, help with an application to IRCC such as criminal rehabilitation or a temporary resident permit. We confirm current rules on canada.ca before advising, because criminal-inadmissibility provisions are technical and consequential.
We are also clear about our limits. We do notrepresent clients at removal hearings before the Immigration and Refugee Board, in appeals, or at the Federal Court, that is a lawyer's work, and if your matter has reached that stage we will say so plainly and point you in the right direction. You can read more about the difference in our guide to an immigration consultant vs lawyer, or book a free first call for an honest read on where your case stands.
Frequently asked questions
What crimes can get you deported from Canada?
The crimes most likely to lead to deportation are those that make you criminally inadmissible, especially cases of serious criminality. Under the Immigration and Refugee Protection Act (IRPA), serious criminality means a conviction in Canada for an offence punishable by a maximum of at least 10 years, or one for which you actually received a sentence of more than six months. Many everyday-sounding offences fall into this band, including impaired driving, assault causing harm, theft over 5,000 dollars, drug trafficking and fraud over 5,000 dollars. Both permanent residents and foreign nationals can be removed for serious criminality. Less serious criminality, including two separate summary offences, can also make a foreign national inadmissible.
Can a permanent resident be deported from Canada?
Yes. Permanent residence is not the same as citizenship, and a permanent resident can lose status and be removed for serious criminality, a conviction for an offence punishable by a maximum of at least 10 years, or one that resulted in a sentence of more than six months. For permanent residents, ordinary criminality (lesser offences) generally does not trigger removal, but serious criminality does. Only Canadian citizens cannot be deported, which is one reason eligible permanent residents often choose to apply for citizenship.
Does a DUI get you deported from Canada?
It can. Since 2018, impaired driving offences in Canada carry a maximum penalty of 10 years, which puts them in the serious-criminality band of the IRPA. That means a single impaired-driving conviction can make both foreign nationals and permanent residents criminally inadmissible and, in some cases, lead to a removal order. The outcome depends on the specific charge, the sentence and your status, so an impaired-driving charge is something to take seriously and get assessed early.
What is the difference between criminality and serious criminality?
Both are grounds of criminal inadmissibility under IRPA section 36, but they differ in severity and in who they affect. Serious criminality (s.36(1)) covers convictions for offences punishable by a maximum of at least 10 years, or any offence for which you received a sentence of more than six months, and it can make both permanent residents and foreign nationals inadmissible. Ordinary criminality (s.36(2)) covers less serious offences, such as a single indictable offence or two separate summary offences, and generally affects foreign nationals rather than permanent residents.
Can you avoid deportation after a criminal conviction?
Sometimes, depending on the offence, your status and how much time has passed. Options can include criminal rehabilitation (an application to IRCC available a set number of years after you complete your sentence), deemed rehabilitation in narrower cases, or a temporary resident permit for a compelling reason to enter or stay. Permanent residents facing removal for serious criminality may have a right of appeal to the Immigration Appeal Division in some cases, but not all. Because the stakes are high and the rules are technical, this is a situation to get assessed individually and early.
Is this legal advice?
No. This article is general information about how criminal inadmissibility works in Canada, not legal advice about your situation. Removal proceedings before the Immigration and Refugee Board, appeals, and judicial review at the Federal Court are litigation, which is a lawyer's area, not a standard immigration consultant's. We can help with admissibility planning and applications to IRCC, such as criminal rehabilitation, within our scope, and we will tell you honestly when your matter needs a lawyer.
Worried a conviction affects your status?
Get an honest assessment from a licensed RCIC, and a straight answer if your case needs a lawyer instead. Your first call is free.