Getting Into Canada with a Criminal Rehabilitation Application

Any person who has a criminal record may be blocked from coming into Canada. A criminal rehabilitation application is a process to overcome an outside of Canada criminal conviction. This is also a process for overcoming a conviction in Canada by a non-Canadian. It is very important to submit your application for criminal rehabilitation in the proper format on the first attempt. The immigration law team at Kahane Law Office in Calgary, Alberta are here to help.

Who Is Criminally Inadmissible To Canada?

Any person who is applying to become a temporary resident or permanent resident of Canada who has a foreign criminal record may be criminally inadmissible. If someone does something outside of Canada that is a crime in another country, then they may be criminally inadmissible to Canada. As a result, they may require a criminal rehabilitation application for temporary and/or permanent resident status in Canada. Even if you have been pardoned, paroled, a charge was dismissed or withdrawn or you were granted a conditional or absolute discharge in another country where you committed an offence, you may be inadmissible into Canada.

Who is Not Criminally Inadmissible Into Canada?

If you had a charge in Canada that has been withdrawn, dismissed, pardoned or for which you have been granted an absolute or conditional discharge then you are NOT criminally inadmissible. Young offenders, whom have not been tried or convicted in adult court, in Canada or abroad, are not criminally inadmissible.

How To Be Eligible for Temporary or Permanent Resident Status If You Are Criminally Inadmissible

There are three (3) ways that a person can come to Canada with a criminal record. These include:

• Grant of Rehabilitation
• Deemed Rehabilitation
• Temporary Resident Permit

Deemed Rehabilitation in Canadian Immigration

Canada will deem a person rehabilitated for immigration purposes after the passage of time. How long must go by will depend on a number of factors including the type of offence. The following is a guide for when Canadian immigration law determines a deemed rehabilitation. A deemed rehabilitation means that you are no longer inadmissible to Canada. NOTE: The final decision on admissibility is up to the Border Services Officer.

Indictable Offences punishable by 10 or more years Imprisonment

If you have been convicted of an indictable office punishable by at least10 years (or an equivalent offence), then you are never deemed rehabilitated. You will have to do a criminal rehabilitation application for Immigration to Canada

 Indictable Offences punishable by less than 10 years Imprisonment

If you have been convicted of a single indictable office or an equivalent offence punishable by less than 10 years you may be deemed rehabilitated after a period of 10 years has elapsed since the completion of your sentencing.

Multiple Summary Offences

If you have been convicted of two or more summary offences, then you are deemed rehabilitated after 5 years.

Single Summary Offence

If you have been convicted of only one summary offence, then you are not criminally inadmissible to Canada. You do not need a criminal rehabilitation application.

Criminal Rehabilitation Applications

If you do not want to wait for the time listed above for a deemed rehabilitation, you may apply for a criminal rehabilitation application. The time lines that allow for criminal rehabilitation applications in Canada are as follows:

Indictable Offences punishable by at least 10 or more years Imprisonment

If you have been convicted of an indictable office (or an equivalent offence) punishable by at least10 years imprisonment, you may submit a criminal rehabilitation application to enter or remain in Canada after 5 years has elapsed since the completion of your sentencing.

Indictable Offences punishable by less than 10 years Imprisonment

If you have been convicted of an indictable office punishable by less than 10 years (or an equivalent offence), you are eligible to apply for a criminal rehabilitation application after 5 years from the completion of your sentencing.

Summary Offences

There is a deemed rehabilitation process for multiple offences after 5 years, so there is no need to submit a criminal rehabilitation application. As stated above, a single summary conviction does not make you inadmissible.

Immigration Law Firm To Help With Criminal Rehabilitation Applications

Let our experienced team at Kahane Law Office Immigration Legal Services help you submit your criminal rehabilitation application. Contact us in Calgary, Alberta. Call 403-225-8810 locally in Calgary, Alberta or toll-free at 1-877-225-8817 or email us directly here.