Criminal Rehabilitation Eligibility

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What is Criminal Rehabilitation?

Many foreigners like to travel to Canada for either temporary or permanent basis. Some like to travel to Canada for work or study related purposes while other like to move permanently to obtain permanent residency in Canada. Unfortunately, not all foreign travellers are able to enter Canada due to their past criminal record that can range from something minor to major. If you have past criminal record such as a DUI you may potentially be able to overcome your inadmissibility issue on permanent basis by applying for a document called Criminal Rehabilitation. Criminal rehabilitation removes any criminal inadmissibility issues that one may have, that prevents them from entering into Canada. Once criminal rehabilitation application has been approved or the immigration officer finds you Deemed Rehabilitated then you are able to come and go just as any other citizen of Canada would, without a criminal record. So, if you wish to become a permanent resident of Canada or simply like to take care of your inadmissibility issue on permanent basis then you would need to apply for Criminal Rehabilitation. Unfortunately, not everyone is eligible for the permanent document but do not worry you can always apply for Temporary Resident Permit (TRP) that takes care of your criminal record only for temporary basis. Temporary Resident Permit is a viable solution for persons that have an urgent business trip or leisure trips planned for Canada. TRP are issued from 1 day to a maximum of three years depending on your unique situation and circumstances. So if enough time has not passed since the completion of offence ( five-ten years depending on offence), or due to an unexpected trip that doesn’t allow enough time to apply for criminal rehabilitation then a Temporary Resident Permit may be the better option.

How do I know if I am considered criminally inadmissible?

To find out whether or not one is criminally inadmissible to Canada, one would have to ask themselves:

  • Have I ever been convicted of an offence in Canada?
  • Have I ever been convicted of an offence outside of Canada that is considered a crime in Canada?
  • Or have I committed an offence outside of Canada, that is punishable under Canadian law as well as the Country in which the offence took place?If any of these statements were true for you then you may be inadmissible to Canada, depending on ones unique situation and circumstances. If this is the case then the next step for you is to consider these seven things; as they are factors that can attribute to the acceptance or denial of ones criminal rehabilitation.
  1. How many offence(s) occurred
  2. How long ago the offence(s) occurred
  3. How long ago the sentence(s) was imposed
  4. How long in which one wishes to stay in Canada
  5. Proof of the support one receives from their community
  6. A good reasoning as to why one believes they are rehabilitated
  7. A compelling explanation of the offence as well as reasoning as to why one is unlikely to reoffend

How can I apply for Criminal Rehabilitation?

Criminal Rehabilitation can only be applied at consulate level and you can expect to get a decision on your application within 6-12 months. You cannot apply at port of entry that is only for persons that want to apply for Temporary Resident Permit and persons that come from visa-exempt countries. Luckily, with TRP you can get same day decision on your application at the port of entry. Overcoming your inadmissibility is not an easy process therefore recommended to consult with immigration experts such as Akrami & Associates prior to starting your application. Many times applicants apply for something they are not even eligible for or fail to provide strong documentation and end up getting refusal letter from the immigration officer. Therefore, consult first with an immigration expert this way you can decide if this is something you like to tackle on your own or hire an expert.

Criminal Rehabilitation Application fees

When applying inside of Canada as well as filling out the application form one also needs to pay the corresponding fee’s online with a valid email address, credit card and/or debit card, as well as a printer in order to print a receipt of payment once completed. After this is completed one can then mail the application to the Canadian Immigration Centre responsible for ones given area.

When applying outside of Canada one must also pay their corresponding fees the same way as those that apply inside of Canada, however in this case they must also submit their temporary resident application or permanent resident application as well as the criminal rehabilitation application to their nearest Visa Application Centre.

Am I Deemed Rehabilitated or do I have to apply for Criminal Rehabilitation?

If more than ten years have passed since a single non-serious offence then one is technically deemed rehabilitated. Unfortunately not everyone who is rehabilitated will be granted access into the country, as we see hundreds of cases where clients were not allowed entry regardless of their suspected rehabilitation. That is why we advise that one in this situation would receive a document from a legal expert stating that you are in fact rehabilitated. In a case where the maximum sentence was 10 years or more, due to a serious offence than a criminal rehabilitation application is always required no matter when the sentencing was completed.

Can I submit my own Criminal Rehabilitation Application?

Although the criminal rehabilitation application process is online and can technically be done by oneself, it is advisable to hire an immigration expert to assist in this challenging legal process. The criminal rehabilitation application process is one that can be very confusing and is one that is easily denied if not done correctly. This is exactly why Akrami & Associates is here to help you throughout the process.

Is there anything I can do to make the Criminal Rehabilitation Application process easier?

The best way to ensure that your application is being processed at the fastest rate possible, is by simply attaching all the required documents as well as keeping ones contact information updated; including ones mailing address, telephone numbers, facsimile number (fax) and email address. Some important documents to include with your application include:

  • Police clearances
  • Reference letter from family and friends
  • Personal Statement (explaining what the offence (s) was on record and demonstrating remorse, regret and growth)
  • Reason for travel to Canada
  • State clearance
  • Court dockets
  • Passport size photos

What are some things that could hinder my Criminal Rehabilitation Application?

  • Missing signatures, application forms, or blank spaces
  • Unclear photocopies of documents
  • Documents sent without a certified English or French translation
  • A medical condition that may need more tests and consultations
  • A criminal or security problem
  • Missing documents

What happens after I send my Criminal Rehabilitation Application?

Once the Criminal Rehabilitation Application as well as any other supporting documents have been sent to the visa application centre, an immigration officer will make a positive or negative comment regarding their application and the documents will then be forwarded to an authority figure, either the local office manager or for more serious offences possibly the minister of Citizenship and Immigration, where the application will then be refused or accepted. Applications for rehabilitation can take over a year to process and once the verdict of your application is reached, the results will be in the form of a written approval or refusal letter. After receiving approval of criminal rehabilitation once can travel with ease as long as you don reoffend.

Have a Criminal Record and like to travel to Canada then Contact Akrami & Assoicates

Akrami and Associates have dealt with hundreds of inadmissibility issues, including criminal cases in which criminal rehabilitation was the solution! To find out if criminal rehabilitation is the best legal route for you it is imperative that you call us right away at 416-477-2545 or toll free at 1-877-820-7121, so that we can help you to put together the best application possible. With Akrami & Associates there is always a way!!