How to Apply for Criminal Rehabilitation

I am a Foreign Offender and I want to Enter Canada

“I have completed my sentence for my offense. I am still afraid that Canada will not welcome me. What should I do now?” Having a criminal record and wants to overcome inadmissibility to Canada can be worrisome. Furthermore, the mandatory waiting period since the completion of your sentence can be confusing. If you are a foreign offender who has completed sentence(s) within a certain period of time and wants to travel to Canada without the need to worry about your criminal records, then you may read this article to learn more about criminal rehabilitation. The article will, more specifically, inform you about the two types of criminal rehabilitation and their eligibility.

Individual Rehabilitation vs. Deemed Rehabilitation

The major difference is the time frame in which one can qualify for them. For deemed rehabilitation, ten years must have elapsed since you completed your sentence. This means that, once ten years have elapsed since the completion of your sentence, you are deemed rehabilitated, and you no longer have inadmissibility issues on your record. For individual rehabilitation, five year must have elapsed since the completion of the sentence. Once the five years since the completion of your sentence have elapsed, you will need to apply for individual rehabilitation in order to overcome your inadmissibility issues. Another difference is that, for deemed rehabilitation, you do not necessarily need to apply for rehabilitation. However, for individual rehabilitation, you MUST apply for rehabilitation.

Eligibility of Deemed Rehabilitation

In order to qualify for deemed rehabilitation, a foreign offender must have been convicted of an offence outside of Canada, and the offence is equivalent to an indictable offense in Canada. The punishment of this offence must be a sentence of less than ten years. The foreign offender must also meet the following eligibility requirements:

Ten years have elapsed since the date the sentence was completed
They must not have any other convictions that are summary or indictable in Canada within the last ten years; or, more than one summary conviction in the last ten years
They must not have any convictions outside of Canada in the last ten years that, if committed within Canada, would be an indictable offence; or more than one summary conviction in the last ten years prior

Alternatively, a foreign national must have been convicted of two or more offences outside of Canada, and the offences are equivalent to summary offenses in Canada. The foreign offender must also meet the following eligibility requirements:

Five years have elapsed since the date the sentences were completed
They must not have any convictions that are summary or indictable in Canada in the last five years; or, more than one summary conviction in the last five years prior
They must not have any convictions outside of Canada in the last five years that, if committed in Canada, would be an indictable offence; or more than one summary conviction in the last five years prior

Eligibility of Individual Rehabilitation

In order to qualify for individual rehabilitation, then five years must have elapsed since the completion of sentence, and the offender must have encountered the following scenarios:

A foreign offender must have been convicted of an offence outside of Canada, and the offence is equivalent to an indictable offense in Canada. The punishment of this offence must be a sentence of less than ten years.
A foreign national has committed an offence outside of Canada that, if committed within Canada, would be an indictable offence that has a maximum prison term of less than ten years.
A foreign national must have committed an offence or have been convicted of an offence outside of Canada that, if committed within Canada, would be an indictable offence that has a maximum prison term of more than ten years.

Another scenario may be possible is if a foreign national was convicted of two or more offences outside of Canada that, if committed within Canada, would be a summary conviction offence. If this is the case, then you unfortunately would not be able to apply for individual rehabilitation but you may be eligible to be deemed rehabilitated.

Applying for Criminal Rehabilitation

There are some essential documents that you will need to acquire in order to :

All the necessary Federal and state clearances
Court dockets
Any/ all documents which show proof of completion of any mandatory or voluntary rehabilitation classes,
Proof of completion of probation
Proof of fines paid

Contact Akrami & Associates

Calculating and understanding the mandatory waiting period may be confusing and overwhelming. This is where professional help comes in handy. At Akrami and Associates, we can help you prepare for the aforementioned requirements and documentation before you attempt to enter Canada as deemed rehabilitated or to apply for a Criminal Rehabilitation application. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional help before attempting to submit the application. Akrami & Associates has worked with many different immigration issues. We have helped many of our clients that have criminal inadmissibility issues overcome their inadmissibility and enter Canada successfully. If you have any questions regarding criminal rehabilitation, please feel free to contact Akrami & Associates at 416-477-2545 or info@thevisa.ca for more information or to book a consultation. With Akrami & Associates, there is always a way!

Shabnam Akrami