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Immigration Consequences of Assault Charges

An Assault Charge Can Jeopardize Your Status

Assault charges can lead to serious immigration consequences, including deportation. Protect your future with legal guidance tailored to both criminal and immigration law.

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Assault is a Serious Criminal Offense in Canada

The immigration consequences of an assault charge includes the loss of immigration status, deportation, and prohibition of future visits to Canada. This applies whether the offender is a tourist, student, someone on a work permit, or a permanent resident. 

IMMIGRANTS FACING ASSAULT CHARGES RISK DEPORTATION

Assault is a Criminal Offence

Common Assault, Assault with a Weapon, Aggravated Assault, Sexual Assault, or Domestic Assault are considered by the courts to be among the most serious criminal offences in the Canadian Criminal Code.

IRCC Regularly Deports Immigrants or Visitors to Canada Convicted of Assault

Immigration, Refugees, and Citizenship Canada ("IRCC") regularly strips the immigration status of immigrants convicted of any type of criminal offence, and then deports them. Canada’s tough stance on immigrants who are found guilty of criminal offenses applies to all non-citizens regardless of whether they've arrived in Canada by land, air, or sea.

Once Deported, Return (even for emergency family visits) is Often Impossible
Once deported, an individual is prohibited from returning to Canada without a Pardon. The deported person must wait a minimum of five years before they can even apply for a Pardon.  Obtaining a Pardon from outside Canada can take as long as ten years to complete and success is not guaranteed. 

 

What Type of Non-Citizen Does This 'One Criminal Conviction and You're Out!' Policy Affect?
If you're a non-citizen living in Canada, any type of assault conviction is sufficient grounds for deportation.  It's as simple as that. It doesn't matter whether the defendant is a tourist, student, someone on a work permit, or a permanent resident. The law applies equally whether you're from the United States, Great Britain, Australia, New Zealand, India, China, the Philippines, Greenland, or anywhere else. No matter where you came from, you can and will be deported because of an assault offence.

Call Us Immediately If You're in the Immigration System and Charged With Assault

If you are charged with any form of assault and you are a visitor, student, a person on a work permit, a permanent resident, or currently in the immigration system, you are at risk of being deported and prohibited from entering Canada indefinitely.

However, because you have been charged with assault does not mean you will be convicted. Between charge and conviction, a skilled Assault Lawyer can often negotiate with Prosecutors (the Crown Attorney's Office) to have the charges reduced to something non-criminal or dropped completely, eliminating the possibility of being deported by the IRCC. If your case does go to trial, our skilled Assault Lawyers will fight to win your case. 

If You're an Immigrant facing an Assault Charge. Speak to a sensitive and experienced Assault Lawyer now. The Consultation Is Free and it will last as long as it takes for us to Understand Your Problem and Recommend a Course of Action.

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