Non-citizens (including permanent residents) who have been convicted of certain serious categories of offences in Canada (regardless of the sentence imposed), or who have received particular types of sentences (regardless of the nature of the offence), may find themselves subject to an immigration removal order. If an immigration removal order has been issued, it is only possible to appeal this decision in certain circumstances. If the immigration removal order was issued because you were convicted of a serious crime for which you received a prison sentence of at least two years, you will not be able to appeal the decision. At an appeal, the Immigration Appeal Division can consider humanitarian and compassionate factors, including the best interests of any child who would be affected if you had to leave Canada. When administering a sentence, the judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender. Accordingly, if a client could be facing immigration consequences upon conviction of a criminal offence, we present these collateral immigration consequences a part of the negotiation process. If you have been charged with committing a criminal offence and you are not a Canadian citizen, it is important that you get legal advice as soon as possible. Contact us today.