If you are someone with a past criminal conviction outside Canada, you must request entry into Canada. Criminal Rehabilitation is the permanent solution to your inadmissibility troubles with Canada. If you have a criminal conviction inside Canada, you may also need to apply for a Canadian record suspension. A successful Criminal Rehabilitation application will show the reviewing officer that you have been rehabilitated, will not re-offend and thus are not a risk to Canadians. To prove this, you must express remorse and show the officer how you have grown as a person since the offense. Unlike a Temporary Resident Permit (TRP) , you do not need to offer a valid reason for travelling to Canada. Instead, you must only prove that you have been rehabilitated and will not re-offend. With a TRP, an individual must apply to enter Canada and demonstrate a valid need to be there.
If five (5) or more years have passed since the completion of your criminal sentence (including jail time, termination of probation and payment of all fines), you are eligible for criminal rehabilitation.
Calculating your eligibility for Criminal Rehabilitation depends on the nature of your sentence:
If you have been convicted of only one offense outside Canada that was completed over ten years ago, you may automatically be Deemed Rehabilitated. When you are Deemed Rehabilitated, you are free to enter Canada without issue.
Deemed Rehabilitation only applies if your one offense is not considered a “serious offense” under Canadian criminal law. If your offense classifies as a serious offense, you must apply for Criminal Rehabilitation, regardless how old your offense is. It is important to note that as of December 2018, all drinking and driving charges are considered “serious offences”.
If your criminal offence is serious in nature, it is likely to translate into an ‘indictable offence’ under Canadian law. On the other hand, if your criminal offence is less serious, then it will likely be labelled a “summary offence” under Canadian law and thus you may be Deemed Rehabilitated once 5 or more years have passed since the completion of your sentence. It is important to note that if your offences translate to a 10-year or more sentence under Canadian criminal law, the offence is labelled as a “serious criminality” and Deemed Rehabilitation does not apply.
Processing fees depend on the nature of your criminal convictions.
Serious Criminality – $1000 CAD
If you were convicted of an offense outside Canada and that offense would result in a possible sentence of 10+ years of imprisonment under Canadian law, then that offense is considered a serious criminality.
Non-Serious Criminality – $200 CAD
Criminal Rehabilitation applications are submitted to the Canadian Immigration Department at the New York Consulate. You can expect to wait up to 12 months for your application to be processed. Processing times vary depending on the nature of your criminal history and the documentation provided to support your claim for rehabilitation. To avoid unnecessary delays and ensure the quickest processing time, it’s important to provide quality supporting documentation and be as detailed as possible.
Criminal Rehabilitation applications can be completed on your own.
However, compiling a strong and convicting Criminal Rehabilitation application can be a time-consuming and confusing process due to all the requirements, fees and steps to be taken. It’s not just about obtaining the mandatory documentation and submitting your application. To ensure you have the highest chances of success, you must go above and beyond what is simply required.
At Akrami & Associates, our representatives are highly trained and experienced with criminal inadmissibility. Our lawyers and experts will review your court documents and implement a plan of action to properly address your criminal convictions. In addition to preparing a robust and convincing legal submission letter, we will help you formulate a strong personal statement to persuade the reviewing officer and ensure you have the highest chances of success.
If you have any questions or personal inquiries, please do not hesitate to contact us at 416-477- 2545 to book a consultation.
With Akrami and Associates, there’s always a way!
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