Your First Impaired Driving Conviction Can Make You Lose Your Permanent Residency Status

Your First Impaired Driving Conviction Can Make You Lose Your Permanent Residency StatusA new criminal code policy change has made impaired driving penalties much stricter. Permanent residents of Canada can even lose their residency status if they get a single impaired driving conviction.
The new amendments to the Bill C-46, make the impaired driving offences come under the classification of ‘Serious Criminality’. On June 21, 2018, the Bill amendments were granted Royal Assent and came into effect post a time period of 180 days.
The impaired driving offence is now subject to a maximum imprisonment of 10 years which is substantially higher than the previous duration of five years.

Criminal Inadmissibility

All offences which are tagged under ‘Serious Criminality’ can result in loss of permanent resident status for a Canadian resident.

When do you risk losing your Permanent Resident status?

A permanent resident of Canada risks stringent penalties of losing their residency status followed by deportation, upon their first conviction for an impaired driving offence.

What are the legal implications of Bill C-46?

Bill C-46 has several legal implications for permanent residents who have been convicted for impaired driving offences, whether in Canada or abroad such as:

  • Canadian permanent residents with an impaired driving offence conviction abroad will be considered inadmissible for serious criminality (they will lose the right of appeal along with the loss of status)
  • Deemed rehabilitation will not be possible for individuals with international impaired driving convictions
  • Previously deemed rehabilitated individuals will be treated as inadmissible
  • Any relatives with impaired driving convictions and who were sponsored will lose their right of appeal if they receive refusal for impaired offence inadmissibility from an immigration officer
  • Accompanying dependents and principal applicants who have been convicted for impaired offences become inadmissible for serious criminality.

With more than 310,000 new immigrants expected to arrive in 2019, the border security personnel may have quite a handful of persons to deem inadmissible or deport from Canada. In fact, in 2015 more than 72,000 persons were convicted of impaired driving in Canada.

How We Can Help

At Nanda & Associate Lawyers, our experienced Immigration lawyers understand your specific circumstances and provide tailored and customized solutions for each of them.
There are many approaches if you happen to receive a refusal from the Immigration officer. Click here to read more on how resolution can be made if you are deemed inadmissible. Rehabilitation can also occur. You can even apply for a Temporary Residence Permit which allows you to enter Canada for a specified period of time. Click here to know more about it.
Our Mississauga Immigration Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we provide to each of our clients. We ensure prompt communication and a caring approach to get the best outcomes for you and your family.

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