A conviction in Canada or abroad can lead to an admissibility hearing at the Immigration Division. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents people there and at the IAD.
Send the offence, the country and when the sentence ended.
Visa officer or border officer
A Temporary Resident Permit (IRPA s.24) or rehabilitation (s.36(3)(c)), both applications to IRCC.
Our legal team assists with the full range of your matter, including applications filed with IRCC.
Immigration Division, then the IAD
A section 44 report can be referred for an admissibility hearing. That hearing and its appeal are tribunal proceedings where a licensed paralegal may act for you.
The ground decides every option that follows.
| Serious criminalityIRPA s.36(1) | CriminalityIRPA s.36(2) | |
|---|---|---|
| Applies to | Permanent residents and foreign nationals | Foreign nationals only |
| Conviction in Canada | Maximum penalty of 10 years or more, or a prison term over six months imposed | Any indictable offence, or two offences from separate occurrences |
| Conviction abroad | Canadian equivalent carries a maximum of 10 years or more | Canadian equivalent is indictable, or two offences from separate occurrences |
| Deemed rehabilitation | Not available under IRPR s.18 | 10 years after one offence; 5 years after two or more summary offences |
IRPA sections 44 and 45.
From the IAD Rules, 2022, IRPA and its Regulations.
Notice of appeal to the IAD, from receipt of the order, where section 64 allows one.
IAD Rules, 2022 · Rule 16Leave against a decision made in Canada; 60 days if made outside Canada.
IRPA s.72(2)(b)After the sentence ends, before applying for rehabilitation for an offence abroad.
IRPR s.17 · IRPA s.36(3)(c)The Immigration Division and the IAD sit within the Immigration and Refugee Board.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
They show the ground and whether a time limit is running.
Yes. Under By-Law 4 of the Law Society of Ontario, a licensed paralegal may appear before tribunals created by federal statute. The Immigration Division and the Immigration Appeal Division are both part of the Immigration and Refugee Board.
Since 18 December 2018 most impaired driving offences carry a maximum of 10 years, so IRCC treats a conviction for an offence committed after that date as serious criminality under section 36(1). Earlier offences are generally assessed as criminality under section 36(2).
On criminal grounds, only for serious criminality under section 36(1). If the Immigration Division orders removal, section 64 bars an IAD appeal where the Canadian sentence was six months or more, or where the conviction or act was outside Canada.
This page is general information about criminal inadmissibility under Canadian immigration law and is not legal advice. Reading it does not create a paralegal-client relationship.
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