Immigration & Criminal Records
Immigration Consequences for Non-Canadians Seeking Citizenship
Immigration & Criminal Convictions
Immigration issues are compounded when a non-Canadian citizen is convicted of a criminal act. Where an individual is convicted of theft under, shoplifting or any criminal act in Canada, their citizenship and immigration status can be affected.
A criminal record can affect immigration applications and your status in Canada. Citizenship and immigrations can be denied due to criminal activity.
Criminal Records & Citizenship Applications
When a person applies for citizenship in Canada, their application is reviewed by the government.
One of the key factors in the review process is the applicant’s criminal record. If the applicant has a criminal record, the government will consider the nature of the crime, the length of time that has passed since the crime was committed, and whether the applicant has demonstrated rehabilitation.
Theft under is a criminal offense in Canada, and it can be classified as either a summary or indictable offense.
A summary offense is considered a less serious offense, and it can result in a maximum sentence of six months in jail and/or a fine of up to $5,000. An indictable offense, on the other hand, is considered a more serious offense, and it can result in a maximum sentence of two years in jail.
Impact on Citizenship Application
The impact of a criminal record for theft under on a citizenship application can depend on a number of factors. If the theft under conviction is classified as a summary offense, it may not have a significant impact on the application, particularly if it was a first-time offense and occurred a long time ago. However, if the conviction is classified as an indictable offense, the application may be denied.
A person who has been convicted of an indictable offense is typically considered inadmissible to Canada. This means that they may be denied entry into the country or denied citizenship. In some cases, the government may allow the person to enter or grant them citizenship if they can demonstrate rehabilitation or if there are compelling reasons to do so.
If a person’s citizenship application is denied because of a criminal record, they may have the option of appealing the decision. However, this can be a lengthy and complex process, and it may not always result in a favorable outcome.
Shoplifting & Theft Under
Deportation
Non-citizens can be deported for criminal acts
Under Canadian immigration law, non-citizens can be deported if they are convicted of a criminal offence.
This means that if a non-citizen is found guilty of theft and criminal activity, they can face deportation back to their home country. Once deported, the individual may not be able to return to Canada for several years or even permanently, depending on the circumstances of their case.
The deportation process can be a traumatic experience for the individual and their family members. Deportations due to criminal activity can separate families and cause significant emotional and financial distress. Children, for example, may have to adjust to life without a parent, and families may struggle to make ends meet if the deported individual was the primary breadwinner.
In addition to the immediate impact on the family, deportation can also have long-term effects on the individual’s career prospects, relationships, and mental health. They may find it difficult to rebuild their lives in their home country, especially if they have been living in Canada for a long time and have established a social network and career there.
It is important for non-Canadian citizens to be aware of the consequences of criminal convictions and to seek legal advice if they are facing criminal charges. A criminal defence lawyer may be able to help reduce the charges or negotiate a plea deal that does not involve deportation. In some cases, it may be possible to appeal a deportation order, but this can be a lengthy and expensive process.
Steps to Protect Your Future
Being charged with a criminal offence is a serious issue. Take the steps to protect your future to avoid the debilitating consequences of a criminal record for shoplifting.Where you’re a new immigrant to Canada and have been accused of a criminal act it is very important that this charge is dropped, your future depends upon it.
Persons who appear unrepresented in court are put themselves and family at jeopardy. The risk of receiving a criminal record for persons unrepresented by a lawyer is dramatically higher.
The crown attorney is to prosecute criminal matters brought before them by the police. The crown attorney is not at court to help you, give you advice or assistance. Nor, is it the crown attorney’s job to worry about whether you receive a criminal record or not.
When when charged with shoplifting and any criminal offence, speak to one of our criminal defence lawyers. Find out the Ontario Shoplifting Lawyers provides quality legal defence that will help you at an affordable one time fee.
As shoplifting lawyers we have one goal, to drop your shoplifting charges without a criminal record. Give us a call today, let’s discuss your case.
Frequently Asked Questions
I'm on a student visa, will it be affected
Yes. If a person on a student visa receives a criminal conviction in Canada, it can have serious consequences with the immigration authorities. Any criminal conviction can result in inadmissibility to Canada, which means that the person can be denied entry or removed. The type and severity of the crime will determine the effect on the person’s immigration status.
If the crime committed is considered a minor offence, the person may not be inadmissible. However, if the crime is considered a serious offence, it can lead to inadmissibility and result in removal from Canada. Serious offences include crimes such as assault, theft, drug trafficking, and impaired driving.
The immigration authorities will conduct an assessment to determine whether the person is inadmissible. If the person is found to be inadmissible, they may be issued a removal order. The removal order can be enforced immediately or at a later time, depending on the type of order issued. There are three types of removal orders: departure order, exclusion order, and deportation order.
A departure order requires the person to leave Canada within a specified period of time. An exclusion order bars the person from returning to Canada for a period of time, usually one year. A deportation order requires the person to leave Canada and prohibits them from returning indefinitely, unless they receive authorization to return.
Being issued a removal order can have significant consequences for the person’s immigration status and their ability to return to Canada in the future. It can also have a profound effect on their family members who may be Canadian citizens or permanent residents.
I missed the court date. What should I do?
The notice that the police officer gave you is a commandment to appear in court. The officer asked that you promise to appear and you agreed.
Where you do not appear in court, the court will issue a warrant for your arrest.
Where you realise that you have missed the court date either by error or otherwise we recommend that you appear at the police station where you were charged from. Once there you surrender yourself to the officers and explain to them that you have missed a court date.
The officers will “re-arrest” for the offence of Fail to Appear under the Criminal Code of Canada. The will take you into custody, process you and then bring you before a judge. Depending upon the circumstances the judge will release you on a second promise to appear for court, or hold you in custody pending trial.
Where a person does not surrender themselves, the warrant is issued for across Canada to all security services and border officers and stays in effect under the accused is apprehended..
What determines what penalty I receive for shoplifting?
Once your case appears before a crown attorney they will review the case and the police officers disclosure (officer’s notes) about what happened.
The crown attorney in reviewing your case will look at many factors including:
- What was taken and value
- Who took it and why,
- was it a simple mistake or was it planned
- What happened during & after arrest
- The background of the accused,
- do they have previous convictions or warnings
- age, financial background, what you do, do you do any volunteer work
- what is your position in the community
The background of the accused, what happened and what was taken. All of these factors will be reviewed by the crown prior to any discussion about the charges and any penalty for shoplifting.
The security was rough and abusive, can I complain?
Yes you can complain, and it may help your case, but you need to review these issues with our lawyers.
Although you can walk into the court and say the officer was rough with you, it won’t carry much weight with the judge. In that situation, the judge may state that the officers actions are not the issue. Any complaint about officers should be taken up with the police or security management, not the court system.
The better time to discuss this is, having our shoplifting lawyers set up a pre-trial meeting with the crown attorney to discuss these issues together with the discussion about the charges, and your good character. During this process, where the actions of the police and security may have been aggressive, it can help in negotiations to have your charges dismissed and dropped.
Discuss your case with a shoplifting lawyer | Call today
Being charged with a criminal offence is stressful, but you don’t have to face it alone. Call and speak with a shoplifting lawyer and learn how we can help you. We provide effective and affordable legal representation for all individuals facing these charges throughout Ontario.
Work with a lawyer experienced with theft under and shoplifting charges. Invest in your future by keeping your record clear. Yes you might be able to appear by yourself, but if something goes wrong, then what? Call today and let’s just talk about it.
