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Inadmissibility Deemed Rehabilitation

Posted in Criminal Rehabilitation

If you were denied entry to Canada on grounds of criminality you may still be permitted to enter Canada if you qualify for Deemed Rehabilitation.

Persons qualify for Deemed Rehabilitation if they have:

  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:
    • Ten years have elapsed since the completion of their sentence;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and
    • They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years before that.

Or

  • Been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences, and they meet the following requirements:
    • Five years have elapsed since the completion of their sentences;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last five years, or more than one summary conviction in the five years before that; and
    • They have not been convicted outside Canada of an offence in the last five years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the five years before that.

Or

  • Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:
    • Ten years have elapsed since the completion of their sentence;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and
    • They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years before that.

A Person May be Considered Inadmissible on the Grounds of Either:

  • Criminality
  • Serious Criminality

However, even those considered criminally inadmissible may be allowed to enter Canada if Citizenship and Immigration Canada (CIC) considers them criminally rehabilitated under either:

  • Deemed Rehabilitation
  • Individual Rehabilitation

If the applicable rehabilitation requirements have not been met, but an otherwise criminally inadmissible person has a pressing need to enter Canada, a Temporary Resident Permit may be granted.

A Foreign National May be Inadmissible for Immigration to Canada on the Grounds of Criminality

For convictions within Canada, if they have:

  • Been convicted in Canada of an indictable offence punishable by a sentence of less than ten years; or
  • Been convicted in Canada of two or more summary offences.

For convictions outside Canada, if they have:

  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years; or
  • Been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences; or
  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years.

For criminal acts committed outside Canada, if they have:

  • Committed an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years.
  • A foreign national or Permanent Resident may be criminally inadmissible or removable from Canada, as the case may be, on the grounds of Serious Criminality

For convictions within Canada, if they have:

  • Been convicted in Canada of an indictable offence punishable by a maximum sentence of at least ten years; or
  • Been convicted in Canada and received a prison term of at least six months.

For convictions outside Canada, if they have:

  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a indictable offence punishable by a maximum sentence of at least ten years; or
  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a maximum sentence of at least ten years.

For criminal acts committed outside Canada, if they have:

  • Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a maximum sentence of at least ten years.
  • Persons who are inadmissible for Canadian immigration on grounds of Serious Criminality cannot qualify for Deemed Rehabilitation; that is, simple passage of time after the completion of their sentence does not alone qualify them for rehabilitated status.

However, persons who fall under the Serious Criminality classification, as well as others who do not qualify for Deemed Rehabilitation may still qualify for Canadian immigration under the Individual Rehabilitation category. 


To qualify for Individual Rehabilitation, the person must:

  • Wait five years after the completion of their sentence before applying; and
  • Demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating:
  • A stable lifestyle
  • Community ties
  • Social and vocational skills
  • That the criminal offence was an isolated event

Also check our site dedicated for Denied Entry to Canada and Criminal Rehabilitation

Tags: Inadmissibility Deemed Rehabilitation. Criminal Rehabilitation Denied entry to Canada Canadian Temporary Residence Canadian Immigration

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