Deemed Rehabilitation - Canada
If a foreign national with a criminal record seeks to enter Canada, a Canadian immigration officer may consider their past offenses and potentially deny entry based on criminal inadmissibility.
Fortunately, there are several avenues available for individuals to address their inadmissibility and legally enter Canada.
The Millennium Immigration can help guide you through this process. Simply fill out our contact form, and one of our experts will reach out to schedule a free consultation with you.
Table of Contents
- Application Criteria to be Deemed Rehabilitated
- Criminal Rehabilitation
- Criminal Rehabilitation Application Processing Fees
Application Criteria to be Deemed Rehabilitated
To be considered rehabilitated, Canadian immigration authorities may determine that a person is no longer criminally inadmissible based on several criteria, including the following scenarios:
1. Indictable Offense (Less than 10 years): If a person has been convicted outside of Canada for an act that, if committed in Canada, would be equivalent to an indictable offense punishable by a sentence of less than ten years, they must meet these requirements:
Ten years must have passed since completing their prison term.
They must not have been convicted of any indictable or more than one summary offense in Canada during the last ten years.
They must not have been convicted outside Canada of an offense in the last ten years that, if committed in Canada, would constitute an indictable offense, or of more than one summary conviction in the preceding ten years.
2. Multiple Summary Offenses: If an individual has been convicted outside Canada of two or more acts that would be equivalent to summary offenses in Canada, they must meet these conditions:
Five years must have passed since completing their sentences.
They must not have been convicted of any indictable or more than one summary offense in Canada during the last five years.
They must not have been convicted outside Canada of an offense in the last five years that, if committed in Canada, would constitute an indictable offense, or of more than one summary conviction in the preceding five years.
3. Single Indictable Offense: If someone committed an act outside Canada that would equate to an indictable offense punishable by a sentence of less than ten years, they must meet the following:
Ten years must have elapsed since completing their sentence.
They must not have been convicted of any indictable or more than one summary offense in Canada during the last ten years.
They must not have been convicted outside Canada of an offense in the last ten years that, if committed in Canada, would be an indictable offense, or of more than one summary conviction in the last ten years.
Individuals do not need to apply to be deemed rehabilitated; however, anyone with a criminal record planning to travel to Canada should verify their rehabilitated status to avoid complications at the border. If an immigration officer finds that a person has not been deemed rehabilitated, entry to Canada could be denied due to criminal inadmissibility.
It’s advisable for anyone with a criminal record to consult with the Canadian consulate or a Canadian immigration law firm to discuss potential inadmissibility issues. This precaution helps ensure that they do not travel to Canada only to face refusal of entry or other enforcement actions.
Criminal Rehabilitation
Individuals who do not qualify for deemed rehabilitation due to criminal inadmissibility must apply for criminal rehabilitation to secure future entry into Canada.
Criminal rehabilitation is an application provided by the Government of Canada for those who are criminally inadmissible but eligible for permanent clearance of their past convictions. If you have been convicted of a crime in a foreign country and it has been over five years since you completed your sentence, you are likely eligible to apply.
Approval for criminal rehabilitation from the Canadian Government grants you a permanent status that allows indefinite travel in and out of Canada.
If you have previously been denied entry to Canada, a Canadian customs agent may recommend applying for criminal rehabilitation to prevent future denials. Once you are approved, you will no longer need a Temporary Resident Permit.
Typical processing times for a criminal rehabilitation application range from 6 to 12 months after submission.
Criminal Rehabilitation Application Processing Fees
Criminal Rehabilitation Application Processing Fees
For non-serious criminality, the processing fee is $229.77 CAD.
For serious criminality, the processing fee is $1,148.87 CAD,
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is one of Canada’s top immigration law firms, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and professionals.
We leverage our expertise to assist clients in overcoming inadmissibility challenges. Our knowledgeable team will take the time to understand your situation and submit the strongest application possible to Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as a trusted resource for immigration to Canada. Reach out to us today, and let us help you navigate your inadmissibility concerns.