Individual Rehabilitation
Individuals deemed inadmissible to Canada due to serious criminality are not eligible for Deemed Rehabilitation. This means that merely waiting after completing their sentence does not automatically qualify them for rehabilitated status. However, those classified under Serious Criminality, as well as others who do not qualify for Deemed Rehabilitation, may still have a pathway to Canadian immigration through the Individual Rehabilitation category.
The Millennium Immigration can help you navigate the process of entering Canada. Simply fill out our contact form, and one of our experts will be in touch to schedule a free consultation with you.
Table of Contents
- What is Individual Rehabilitation?
- Finding the Canadian Equivalency
- Non-Serious Criminality
- Serious Criminality
What is Individual Rehabilitation?
Individual rehabilitation, often referred to as Criminal Rehabilitation, is a formal application process that allows individuals deemed inadmissible to Canada due to prior criminal acts to gain permanent access to the country. Unlike deemed rehabilitation, which does not require an application, individual rehabilitation must be requested through a Canadian consulate.
To be eligible for Individual Rehabilitation, applicants must:
1. Wait five years after completing their sentence before applying.
2. Demonstrate that they have rehabilitated and are no longer considered a risk for criminal activity.
This may involve providing evidence of a stable lifestyle, strong community ties, vocational skills, or proof that the criminal offense was an isolated incident. It’s important to note that simply waiting the requisite time is insufficient for qualifying for rehabilitated status. Individuals categorized under Serious Criminality, as well as those who cannot be deemed rehabilitated, may still pursue Canadian immigration through the Individual Rehabilitation process.
Finding the Canadian Equivalency
Identifying the corresponding offense in the Canadian Criminal Code is crucial for a complete individual rehabilitation application. The way a crime or conviction was handled in another country is not relevant; what matters is how the offense is classified under Canadian law. Once an equivalent Canadian law is identified, the maximum possible sentence will help determine whether the case falls under non-serious or serious criminality.
Many prospective applicants seek the assistance of a Canadian immigration lawyer, who can effectively translate foreign offenses into their Canadian equivalents, ensuring the application is accurately prepared.
Non-Serious Criminality
Non-serious criminality refers to certain offenses that, while deemed less severe under the equivalent Canadian laws, still render a foreign national inadmissible to Canada. Common examples include driving while impaired (such as DUI), theft or fraud involving amounts under $5,000, simple assault, and possession of more than 30 grams of cannabis. Even in cases of non-serious criminality, individuals must apply for individual rehabilitation to travel to Canada without the fear of being denied entry.
The processing fee set by the Canadian government for applications related to non-serious criminality is $229.77 CAD.
Serious Criminality
Serious criminality encompasses offenses or convictions that are classified as severe by Canadian immigration authorities when assessed against equivalent Canadian laws. Common examples include theft or fraud exceeding $5,000, any crime involving abuse or weapons, domestic violence, drug trafficking or sale, and sexual assault. Offenses with a maximum prison sentence of ten years or more fall under this category. The primary factor distinguishing serious criminality is the maximum imposable prison sentence associated with the offense.
To address serious criminality, a criminal rehabilitation application is necessary, as individuals in this category cannot be deemed rehabilitated simply by the passage of time.
The processing fee for serious criminality applications set by the Canadian government is $1,148.87 CAD.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is one of Canada’s premier immigration law firms, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and professionals.
THE MILLENNIUM IMMIGRATION leverages its expertise to assist clients in overcoming inadmissibility issues. Our team of inadmissibility specialists will work closely with you to understand your unique situation and submit the most compelling application to Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as a trusted online resource for immigration to Canada. Connect with us today, and let us support you with your inadmissibility needs.