Obtaining a Criminal Rehabilitation Brings Many Benefits
For any foreign national who has criminal inadmissibility issues, they may be desperately in need of a solution in order to enter Canada legally. There are many foreign nationals from all over the world who have criminal inadmissibility and thus cannot enter Canada. In these specific circumstances, a Criminal Rehabilitation application would be a significant benefit to any foreign national with criminal inadmissibility. A Criminal Rehabilitation allows foreign nationals with criminal inadmissibility issues the opportunity to enter Canada temporarily and will allow the foreign national to enter in the future without any issues. However, it is important to note that this can often not be a permanent solution if the foreign national reoffends. In this blog, you will learn about the benefits of a Criminal Rehabilitation and the application process for it.
What is the Purpose of a Criminal Rehabilitation
The purpose of a Criminal Rehabilitation is to assist foreign nationals who are criminally inadmissible to Canada to enter Canada through proper authorization. TheCriminal Rehabilitationprocess is essentially a foreign national petitioning with the Canadian government for permanent forgiveness of their particular crime(s) or conviction(s) that were committed in a foreign country. Thus, once the foreign national submits the Criminal Rehabilitation application and receives a positive decision, they will no longer have any inadmissibility issues impeding on their future travel(s) to Canada.
Reasons for Criminal Inadmissibility to Canada
There are many reasons why a foreign national may be deemed criminally inadmissible to Canada. Of course, there are other eligibility requirements that must be met in order to apply for a Criminal Rehabilitation. However, in order to better understand why a person could becriminally inadmissible to Canada, I have listed several different offences that may have occurred below. Subsequently, circumstances of inadmissibility can include:
- Driving Offences Involving Alcohol and/or Drugs
- Reckless Driving
- Drug Offences
- Fraud
- Assault
- Serious Criminality
If you are a foreign national and have any of the above offences on your criminal record then you may be able to apply for a Criminal Rehabilitation.
Eligibility Requirements for a Criminal Rehabilitation
Most importantly, in order to apply for a Criminal Rehabilitation application, you must first be deemed criminally inadmissible to Canada. In almost all circumstances, the criminal inadmissibility will come as a result of one or more of the offences listed above. Consequently, because of the criminal inadmissibility, a foreign national will not be permitted entry into Canada without proper authorization, i.e. a Criminal Rehabilitation or a Temporary Resident Permit. In order to beeligible to apply for a Criminal Rehabilitation application, you must:
- Be convicted of an offence in Canada
- Be convicted of an offence outside of Canada that is considered a crime within Canada
- Committed an act outside of Canada that is considered a crime under the laws of that country and would be equivalently punishable in Canadian law
Another very important factor to take into consideration is the time frame since your previous offence(s). In order to be eligible for a Criminal Rehabilitation, at least five (5) years must have elapsed since the completion of the sentence. In other words, the five (5) years would commence on the last day of the sentence that was imposed on you. Therefore, if you have not completed the designated time frame, then you may not be eligible nor apply for a Criminal Rehabilitation.
Documents Required for a Criminal Rehabilitation
When applying for a Criminal Rehabilitation application, it is highly suggested to view the process as if you are pleading with the Canadian government for your innocence in court. As a result, you must provide sufficient supporting documentation and information to prove you have changed your way of life since your last offence. Therefore, I have included a list below of the required documentation that you must provide for a Criminal Rehabilitation application. Therequired documentation needed for a Criminal Rehabilitationis:
- Passport and/or travel document
- If you do not have a passport, you can provide a copy of your driver’s license or birth certificate
- Any court judgments made against you – These documents will indicate: the charge; the section of the law that you were charged; the verdict; and, the sentence
- Canadian equivalent laws under which you were convicted
- Any additional documents relating to your sentence, parole, probation, or pardon – These documents will indicate: court records; judge comments; probation or parole records; certificate of rehabilitation; and more
- Criminal Clearance from Police (Federal) – These can include anywhere that you have resided for 6 consecutive months or more
- For U.S. citizens – State Clearance – These can include any states that you have resided for 6 consecutive months or more
Keep in mind, the more information and documentation you provide to Canadian Immigration will result in a better chance of a stronger case and of an approval of your Criminal Rehabilitation application. If, by any chance, you are unable to provide certain documents, it is highly recommended to provide an explanation. You may write an explanation in the form of a letter. However, it is important to recognize that not submitting certain documents may impede on your Criminal Rehabilitation being approved. Therefore, it is best to collect as much information and documentation as you can.
Where to Apply for a Criminal Rehabilitation
When applying for a Criminal Rehabilitation application, the only option available for foreign nationals is to apply at the Canadian consulate. When applications are processed at the Canadian Consulate, the Immigration officer has more time to thoroughly review the documents and application forms in order to determine a decision.
Contact Akrami & Associates
It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for a Criminal Rehabilitation. It is also very important to determine and understand your inadmissibility issues before applying for a Criminal Rehabilitation. If you are inadmissible to Canada, it is important to note that a Criminal Rehabilitation is a difficult application to pursue on your own. It is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, atAkrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients apply and obtain a Criminal Rehabilitation. Please feel free to contact Akrami & Associates at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!