Criminal Rehabilitation Canada
Being criminally inadmissible to Canada means you are not allowed to enter the country for any reason, without special authorization from Canadian immigration officials (see Temporary Residence Permit). Criminal rehabilitation Canada is an application process whereby a person requests absolution from the Government of Canada, for a particular crime(s) committed in a foreign country. Once an individual completes criminal rehabilitation successfully, they have a clean slate. The criminal rehabilitation process only applies to those who have committed offenses outside of Canada. For offenses committed in Canada, please fill out the form to the right.
In order to be eligible for criminal rehabilitation there are three criteria:
1. Committed an act outside of Canada that would constitute an offence under a Federal statute
2. Been convicted of, or admit to committing the act
3. Five years must have passed since all sentences have been completed, including jail, fines and probation
The most crucial consideration is establishing the equivalent offence in Canada. It does not matter how lightly or severely a given crime is treated in the country where it occurred. What is important is the gravity of the offense, as per Canada's federal criminal code. Once the equivalence has been established, it is important to determine the maximum sentence imposable by law, this will determine the type of criminal rehabilitation required. If you were convicted of one non-serious offence and more than 10 years have passed since the completion of your sentence, you may be deemed rehabilitated and criminal rehabilitation Canada will not be required. If you are not sure if your offence constitutes serious or non-serious criminality, fill out the form above.
If less than ten years have elapsed since the completion of your sentence and/or you have more than one conviction on your record, you are required to apply for criminal rehabilitation, if you would like to visit, work or immigrate to Canada. If ten years have passed from the completion of your sentence and you only have one conviction on your record, you will likely be deemed rehabilitated simply by the passage of time. However, individuals with more than one conviction on their record will NEVER be deemed rehabilitated by the passage of time, an application for criminal rehabilitation is required.
For criminal rehabilitation applications involving non-serious criminality, the processing times are considerably faster and the processing fees are considerably less ($200 CAD) than they are for serious criminality.
The procedure for applying for criminal rehabilitation is the same whether or not the offence constitutes serious or non-serious criminality. It is in the manner in which the application is processed at the Canadian visa office that distinguishes the two.
If you have been convicted of an offence, where the maximum prison sentence in Canada is ten years or more, it is is considered to be serious criminality. The maximum prison sentence is the only consideration for determining the severity of the offence in Canada. Serious criminality requires an application for criminal rehabilitation, as a person can NEVER be deemed to be rehabilitated through the simple passage of time. Generally speaking most offences that constitute serious criminality, for the purposes of Canadian immigration, are those that involve bodily injury, damage or a weapon.
The processing fees are higher ($1000 CAD) and processing times are longer, for applicants with serious with criminality. These applications are highly subjective and are at the discretion of the Canadian immigration officer assigned to a given file. FWCanada has the experience and legal expertise to guide you through this process and present the strongest possible application to Citizenship and Immigration Canada.
To find out if the offence you have been convicted of constitutes serious criminality call us or fill out the form above.