Hiding this fact is already a ban on PR or work permit extension
When applying for permanent residency (PR) in Canada, immigration authorities thoroughly check applicants’ criminal backgrounds.
When filling the application, you must be aware that terms charged and convicted ARE NOT THE SAME.
Understanding the difference between these concepts is critically important for successfully navigating the immigration process.
So, what’s the definition of charged and convicted?
Charged
Being charged means a formal accusation of committing a crime has been made against you. This happens when law enforcement (e.g., police) or a prosecutor believes there is sufficient evidence to charge you. At this stage, the case is sent to court, but a decision on your guilt has not yet been made.
Convicted
Being convicted means a court has found you guilty of a crime, and you have received an official sentence.
A conviction confirms your guilt and is recorded in your criminal history.
Key Difference
• Charged: You are accused, but the court has not yet ruled. You may be acquitted, the case may be closed, or charges may be withdrawn.
• Convicted: The court has found you guilty, and you have received a sentence. This is a final decision with more serious consequences for immigration.
Under Canadian immigration laws, CHARGED (accused but not convicted) means charges have been filed against you, but you have not been convicted.
This alone does not make you inadmissible for PR.
However:
You are required to report any charges in your immigration application. Concealing this information is considered misrepresentation under Section 40(1) of the IRPA, which can lead to a PR refusal and a five-year ban on applying.
CONVICTED (found guilty) has much more serious consequences and may make you inadmissible for PR in Canada.
Misrepresentation: Why Honesty Matters
Regardless of whether you were only charged or convicted, hiding any criminal history is considered misrepresentation. This is a serious violation that can lead to:
• PR refusal.
• A five-year ban on applying (Section 40(2) IRPA).
• Revocation of PR status if already granted.
IRCC has access to international databases and cooperates with other countries through agreements, such as the Hague Convention or bilateral arrangements, to verify applicants’ criminal backgrounds. ‼️ Even if charges are withdrawn, the fact of not declaring them may be viewed as an attempt to deceive.
The difference between charged (accused) and convicted (found guilty) is crucial when applying for PR in Canada. Charges that did not lead to a conviction generally do not make you inadmissible but do not declare them is considered misrepresentation and may lead to refusal.
Oleksandra Melnykova, Immigration Consultant for Canada, including Quebec, Manitoba, and Saskatchewan.
