Are these people inadmissible?

[BickyKelly]

Hello all...I have a couple quick questions. My friend and I are trying to see who is right.

I HAD 2 college friends. Lived in Ottawa. 1 is an international student on a study permit and 1 is a PR. Both got caught for laundering proceeds of a crime for a big name gang in Canada, and both convicted of an indictable offense. My college friend on the study permit was sentenced to 1 year in prison. My other friend who is a PR got 5 months and a hefty fine.

From my understanding, the college guy is now inadmissible for serious criminality for being a Foreign National and being convicted of a crime and served 1-year, and my old PR friend will lose his PR status because he is inadmissible for organized criminality, not serious criminality because he didn't serve more than 6 months?? Or are they both inadmissible for organized criminality?

Thank you.

 

[meyakanor]

PRs and foreign nationals have different standards for inadmissibility due to criminality.

I believe foreign nations are inadmissible due to both criminality and serious criminality, whereas PRs would only be considered inadmissible for serious criminality.

For details (straight out of Canadian immigration law):

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html

It all depends on the actual sentence that is imposed, and also the potential maximum sentence.

 

[BickyKelly]

PRs and foreign nationals have different standards for inadmissibility due to criminality.

I believe foreign nations are inadmissible due to both criminality and serious criminality, whereas PRs would only be considered inadmissible for serious criminality.

For details (straight out of Canadian immigration law):

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-36.html

It all depends on the actual sentence that is imposed, and also the potential maximum sentence.

FN got 1-year sentence for laundering money. (is that inadmissible serious criminality or organized crime?

PR got 4 or 5 months in prison for laundering money. (is that inadmissible for serious criminality or organized crime?)

 

[Buletruck]

Ultimately the sentence he received isn’t directly related to the criminality. It’s ultimately what he could have received as a sentence for his crime. If the maximum is 10 years imprisonment, but he only received 5 months, it the maximum sentence that applies to admissibility, not what he received.

 

[meyakanor]

FN got 1-year sentence for laundering money. (is that inadmissible serious criminality or organized crime?

PR got 4 or 5 months in prison for laundering money. (is that inadmissible for serious criminality or organized crime?)

Your foreign national friend is definitely inadmissible.

Your PR friend might or might not be inadmissible, because, as Buletruck said, it would also depend on the maximum possible sentence that he can potentially get.

Even if he's only sentenced for 5 months, if the maximum sentence is 10 years or more, then he would be inadmissible.