Criminal Rehabilitation

Criminal Rehabilitation What You Need To Know!

Many people are disappointed to know that their travels to Canada may be affected due to their previous criminal convictions and as a result in them being deemed 'inadmissible' to Canada.

There are many ways to deal with criminal inadmissibility for the purposes of coming to Canada on either a temporary or permanent basis. Depending on your situation below are some ways we can address your criminal inadmissibility:

1. Not all prior convictions will mean that you will be refused entry to Canada. Sometimes depending on your reason to enter Canada and your past conviction the officer at the border might still let you in. For example, you need to enter Canada for an urgent business meeting and you were convicted of a minor offense of disorderly conduct. Now, even though Disorderly Conduct is an offense, it is possible to argue at the border why the need is higher that the possible risk. Of course it is still up the officer at the border to decide if they want to let you know. But if you arrive at the border with proper paper work, it is very possible you might be let it. So prepare the proper paperwork will be key to the officer allowing you enter Canada.
2. There may be no equivalent under Canadian federal law for the foreign offense that is the subject of conviction. This is often a technical argument based on the fact that the Canadian offense has a more narrow interpretation than the foreign offense in question. To know this, we will need to know the foreign offense and then compare it to the Canadian Criminal Code. If the offense you were convicted of outside of Canada, is not considered an offense in Canada, then you will be allowed entry.
3. Having your foreign conviction expunged might negate the inadmissibility to Canada.
4. Depending on how much time has elapsed you may be deemed rehabilitated and that might overcome your criminal inadmissibility as well. Depending on the type of offense and how many offenses are on your record, you may be considered rehabilitated after 5 or 10 years from completing your sentence. The passage of enough time since the completion of the sentence, in the absence of subsequent convictions, may in certain circumstances be considered as deemed rehabilitation and the offender would no longer be inadmissible to Canada.
5. You may also submit an application for rehabilitation. Once the application is submitted you need to wait the processing times to see the decision made on your matter. Even when you are not eligible to submit a rehabilitation application, or you have submitted the application and are waiting for a decision, there is always the possibility of apply for a Temporary Resident Permit.

Who Needs Criminal Rehabilitation?

An individual may be eligible for Criminal Rehabilitation if they meet the following three criteria:

• They have committed an act outside of Canada that is considered an offense in Canada;
• They were convicted or admitted to committing the act; and
• At least five years have passed since the completion of sentencing (if any)

If you want to apply for Permanent Residency and you have a prior conviction then you must be considered rehabilitated in order to receive Permanent Resident status. Applicants wishing to stay in Canada temporarily may have the option to pursue a Temporary Resident Permit (TRP) instead of Rehabilitation. However, a TRP must be renewed, whereas successful rehabilitation permanently resolves the problem of criminal inadmissibility for future stays in Canada.

For temporary entry only a TRP is needed. However, if you are eligible for Criminal Rehabilitation then we advise you to still apply for the rehabilitation. However, if you wish to apply for PR or citizenship then only Criminal Rehabilitation is accepted. Without this your application may be returned or even refused.

Criminal Rehabilitation Requirements:

If you have a criminal inadmissibility, travel to Canada can be difficult if not all together not possible without the proper authorization. Qualifying for Criminal Rehabilitation depends on the seriousness of your offence as well as when it actually occurred. More than that, you must have satisfied all the conditions of your sentence.

If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are eligible to apply for rehabilitation : five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

• You are eligible to apply for rehabilitation : five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

• You are eligible to apply for rehabilitation : five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

• You are not eligible to apply for individual rehabilitation and must wait five years since the sentence was served or to be served to be deemed rehabilitated

Determining when to count these five years for the situations above can also cause some confusion. Below is a guide to know when the count may begin.

What is the First Step to get Criminal Rehabilitation?

Determining equivalency is a difficult task. It requires analyzing both the Canadian Criminal Code or other federal statute as well as the laws of the country in which the offense took place.
It is for this reason we highly advise you speak to a Immigration Specialist. Please give us a call and let us help you move forward!