Shabnam Akrami Blogs
Criminal Rehabilitation Eligibility
Applying for Criminal Rehabilitation
Criminal history may be a major factor in the decision whether you are allowed entry into Canada. People with a criminal history require permission from the Canadian government in order to enter Canada. If you are attempting to enter Canada without the legal and necessary steps and precautions taken in order to be cleared for entry, you will find yourself refused entry at the border. If you are denied entry into Canada because of a crime, you are labeled as “Criminally inadmissible”. This article will discuss who is eligible for criminal rehabilitation in order to be admissible to Canada.
Qualifications for Criminal Rehabilitation
To be eligible for Criminal Rehabilitation the applicant must show the following:
- 5 years must have passed since the completion of the sentence
- Not a threat to canadian citizen
- The need of entry outweighs the risk
- Can demonstrate remorse and regret
- Show that they are not likely to re-offend
It is important to know that the person must have completed their sentencing (fine, jail term, community service etc.) and is eligible to apply for rehabilitation 5 years after the day the sentencing is finished. They must also prove that they are unlikely to cause a re-offend in the future so as not to cause a security risk for Canada.
Should the applicant have multiple offences on record and the offences are considered the applicant may potentially have to wait 10 year to be eligible to apply. Keep in mind the eligibility is based the severity of the offense on record, how many offences the person has on record and purpose of travel.
What is Deemed Rehabilitated
Deemed rehabilitation means that enough time has passed since your criminal act that you’re no longer pose a threat to Canadian society. Of course, the process at which one is deemed rehabilitated depends on the severity, type of crime committed and how many offences the applicant has on record. Many times applicants have offences that are over 30 years old and they still get denied entry into Canada, to avoid problems at the border it is best to take care of the criminal offence on the Canadian side as well, because you never know when the officer will turn you back around.
Canadian port of entries now the frequent checkups therefore recommended to go in prepared rather than taking a risk at the border and missing that important trip.
What is a Misdemeanor
Misdemeanors can make you criminally inadmissible to Canada. Some misdemeanors may contribute to be one of the reasons a person is denied entry into Canada. Misdemeanors include:
- Disorderly Conduct
- Driving Under the Influence (Drugs / Alcohol)
- Possession or Trafficking in Drugs or Controlled Substances
Crimes committed in foreign countries will be judged based on the Canadian criminal code. This means that a misdemeanor in a certain country may be considered a serious crime in Canada according to the Canadian criminal code.
Serious Crimes and Rehabilitation
A serious crime in Canada is a crime that if committed in Canada would receive a maximum prison sentence of 10 years. Obviously, because of the nature of the crime, more effort is required to process your application for entering into Canada- this includes longer wait times and higher processing fees.
Serious Crimes include:
- Weapons charges
- Attempted Murder
- Sexual Assault
Application for Criminal Rehabilitation
Applying for Criminal Rehabilitation allows you to have past convictions on record forgiven. A Criminal Rehabilitation application must be submitted at a Canadian Consulate and cannot be processed at the port of entry. This type of application can take about 8-12 months to get a decision from the consulate, sometimes you can face up to 18 months should your application be sent for a secondary review. Most applicants face up to 8-12 months for processing.
Completing a Criminal Rehabilitation form on your own is not recommended as many applicants cannot equate their offense to the Canadian Criminal Code therefore recommended to seek legal assistance such as Akrami & Associates. This section can be difficult to complete without legal help because detailed information is required about the applicant’s criminal history. Every conviction will have its own statute number and designation depending on where the offense occurred. Residents of the US may be especially in need of legal assistance as statute numbers and designation follows a different system in Canada. An immigration officer will want to know what the equivalent conviction would be under Canada’s Criminal Code as well. At times, a conviction outside of Canada may not have a Canadian equivalent; therefore, it cannot be treated as a crime in Canada.
Immigration officers needs to assess that an applicant is no longer a danger to Canada and is highly unlikely to re-offend. The Application for Criminal Rehabilitation suggests providing reasons why you consider yourself to be rehabilitated on a separate piece of paper. The officer will be looking for evidence that you have learned from your previous mistakes and are no longer a threat to Canada. Having a clean criminal record since the offense is a good start. In addition, providing documentation that shows you willingly completed all aspects of your sentencing without any delays is helpful. Also, you should make an effort to show that you have achieved a sense of stability in your life. To prove that you are no longer a threat and that your life is more stable than it was during the incidence of the crime, the officer will look for things in your history such as employment, volunteering, family ties, and academic achievements. The officer looks at this alongside your explanation as to why you are rehabilitated in order to asses that you have fully integrated into society and will pose no threat upon entry into Canada.
Contact Akrami & Associates
Applying for a criminal rehabilitation application is not easy work, considering the amount of information needed which is not readily available to the average person. Criminal Rehabilitation applications may be long, tedious, and the fees expensive depending on the crime and its severity. Filling out criminal rehabilitation form require legal assistance in order to obtain the necessary information and allow for the application process to go as smooth as possible and be admissible into Canada. If this sounds like a headache, don’t worry! Here at Akrami & Associates, we are experienced in providing legal aid for individuals who are applying for the criminal rehabilitation application and can be your legal assistance for anything required from these forms. If you have further questions or concerns, you can contact us at our office number: (416) 447-2545. We can provide legal assistance or consultation with immigration professional in order to assist you to the best of our ability!
With Akrami & Associates, there is always a way!