In order to apply for Canadian Rehabilitation, you first need to determine whether or not you are eligible to do so. There are many factors to consider like the severity of the crime, the time lines of when it occurred etc.
An individual may be eligible for Criminal Rehabilitation if they meet the following three criteria:
- They have committed an act outside of Canada that is considered an offense in Canada;
- They were convicted or admitted to committing the act; and
- At least five years have passed since the completion of sentencing (if any)
If you want to apply for Permanent Residency and you have a prior conviction then you must be considered rehabilitated in order to receive Permanent Resident status.
Applicants wishing to stay in Canada temporarily may have the option to pursue a Temporary Resident Permit (TRP) instead of Rehabilitation. However, a TRP must be renewed, whereas successful rehabilitation permanently resolves the problem of criminal inadmissibility for future stays in Canada.
For temporary entry, only a TRP is needed. If you are eligible for Criminal Rehabilitation, it is recommended you pursue Rehabilitation so you will never have to worry again about first obtaining a Temporary Resident Permit before entering Canada.
Further, future applications in Canada may also be affected by a Criminal Rehabilitation application. Consider that if you wish to apply for Permanent Residence or Citizenship now or in the future, only Criminal Rehabilitation is accepted.
Without this your application may be returned or even refused.
Applying for Criminal Rehabilitation requires an in depth knowledge of Canadian law as well as the ability to interpret foreign laws. Part of the application involves comparing the laws of your home country and how they would have been interpreted in Canada.
If you are seeking a Criminal Rehabilitation application, it is strongly recommended that you seek legal assistance as these applications have extensive processing times so you will want to make sure you get it right the first time.
Contact Akrami & Associates to find out how we can help you.