Why Canadian Permanent Residents Should Be Careful About Their Conduct Abroad

Understanding the Lower Threshold for Overseas Misconduct and Its Immigration Consequences

Many Canadian permanent residents believe that as long as they avoid trouble in Canada, their status is safe. However, your actions abroad can also put your permanent resident status at risk—and the legal standard for finding you inadmissible because of overseas conduct is lower than in a criminal court.

1. Administrative Process vs. Criminal Trial

In Canada’s criminal courts, the prosecution must prove your guilt “beyond a reasonable doubt”—a very high standard. This protects individuals from wrongful convictions and the loss of liberty.

In contrast, immigration admissibility hearings (including those about overseas misconduct) are administrative in nature. The decision is not about sending you to prison but about whether you can remain in or return to Canada. As a result, the standard of proof is “balance of probabilities”—meaning that if it is more likely than not (over 50%) that you committed the act, it can be considered proven.

2. Why the Standard Is Lower for Overseas Conduct

• Public Safety Priority: Immigration law aims to protect Canada from potential risks, even if the evidence would not be enough for a criminal conviction.

• Evidence Challenges: Gathering evidence from another country is often difficult—witnesses, police reports, and court documents may be hard to obtain.

• Risk Management Approach: Legislators prefer to err on the side of caution—better to deny entry to someone who might pose a risk than to admit them and endanger the public.

  
  

  

3. The Legal Basis

Under IRPA section 36(1)(c), a permanent resident can be found inadmissible if they have committed an act outside Canada that would be an offence in Canada punishable by a maximum term of at least 10 years.

• Key point: The government does not have to prove you were convicted abroad.

• The decision is based on whether the act likely occurred, assessed on the balance of probabilities.

  
  

4. Real-Life Example

A PR holder is accused of fraud overseas. The local court drops the charges due to lack of evidence for a criminal conviction.

• In criminal court: They walk free.

• In immigration proceedings: If the Immigration Division believes the evidence shows it was more likely than not they committed the fraud, the person can still be found inadmissible and lose PR status.

  
  

5. Practical Tips for Permanent Residents

1. Know the laws where you travel—Acts that are legal in one country might be criminal in another.

2. Avoid risky business or financial dealings abroad—Fraud, illegal gambling, or unlicensed trade can have immigration consequences even without a conviction.

3. Keep clean records—If you are investigated abroad, maintain all documents showing you acted legally.

4. Seek legal advice early—If you face charges or investigations overseas, consult both local counsel and a Canadian immigration lawyer.

5. Remember your PR obligations—A finding of inadmissibility abroad can lead directly to a removal order from Canada.

   
   

   

   
   

Bottom Line

Canadian permanent residents are held to a lower proof standard when their overseas conduct is assessed for immigration purposes. Even if you are never convicted abroad, you can lose your status if it is more likely than not that you committed an act which would be a serious offence in Canada.

Stay informed, stay cautious, and protect your PR status wherever you are in the world.