# Immigration question



## Darkblade (May 24, 2013)

I've got a bit of a problem with part of my WIP. It features a teenage girl who accidentally uses magic to kill someone. The problem arises with the fact that I have her as a landed Canadian immigrant since she was five years old. If someone of immigrant status was involved in a murder investigation that remains unsolved but with her as the primary suspect can she be deported?

I have tried looking into immigration law for myself but I really am not sure where I should look and my attempts have been quite fruitless as a result.


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## CupofJoe (May 25, 2013)

She isn't proved to be guilty and is legally in Canada? Then I can't see how she could be deported... but I know nothing about Canadian law...
From what I know of the UK... If she was charged, she might have a claim for residency [there is probably a more accurate term] - since she grew up here [10-15 years in one place] - so she would be tried and if found guilty serve her sentence here. If she didn't have a right of residency - she might well be tried and then deported if found guilty. But there would probably be lots of appeals and appeals of appeals... it can apparently take years in "simple" cases.


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## Devor (May 25, 2013)

If the murder happened in Canada, they wouldn't want to deport her.  She broke Canadian law, and they would want to convict her under Canadian law.  Even if she were there illegally, deporting her would mean she gets away with it.

If Canadian law is anything like US law, they would take her residency status as a consideration in setting bail.  So depending on the strength of the evidence and the horribleness of the crime, she might have a harder time raising the money or even be denied bail.  But that's only after she's arrested and charged with a crime.

If she's just a "suspect," well, that has no meaning in the eyes of the law.


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## Darkblade (May 25, 2013)

So there would probably not be any issue regarding immigration then. Thank you both for your help.


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## Ophiucha (May 26, 2013)

If she has full Canadian citizenship, then she cannot be forced to leave the country.

If she's only a permanent resident, however (which many people choose to be; I'm only a permanent resident in Canada, and my father - who has lived in America for 30 years - is still only a permanent resident, though he's had plenty of opportunities to become a full citizen), then committing a crime could lead to deportation, revoking her status, and even being banned from the country. In fact, on the books, Canada is technically stricter about this than many countries - even a misdemeanour can lead to this, though most courts wouldn't bother unless they had something against you.


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## Darkblade (May 30, 2013)

Alright that might be a bit more problematic but I think I can work around it. Thank you for your help.


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