TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Immigration/Can I be removed from Canada…
Immigration

Can I be removed from Canada while I still have pending criminal charges here?

TSL Written by the Treadstone Law team· Updated August 2026

Immigration removal and Canadian criminal proceedings are legally separate processes, but as a practical matter, removal is usually not carried out while criminal charges remain outstanding in Canada. Authorities generally need the person available to answer the charges, and bail or release conditions can themselves restrict travel, so removal is typically paused, not cancelled, until the criminal matter is resolved one way or another.

Once the criminal charges are resolved — whether by conviction, withdrawal, or another outcome — removal can then proceed based on whatever immigration consequences apply. A conviction can also introduce or strengthen an inadmissibility finding under immigration law, which is a separate question from the criminal sentence itself and can affect matters like appeal rights down the line.

Anyone in this situation should keep their immigration and criminal matters coordinated rather than treating them as unrelated, since developments in one can directly affect timing and options in the other, and decisions made in the criminal case can have lasting immigration consequences.

Key takeaways

  • Removal is generally paused, not cancelled, while Canadian criminal charges remain outstanding.
  • Bail and release conditions can independently restrict travel during that time.
  • Removal can proceed once the criminal matter is resolved, based on the applicable immigration consequences.
  • Coordinate criminal and immigration matters together, since one affects the other's timing and outcome.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone immigration lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →