Deemed Rehabilitated

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When am I Deemed Rehabilitated

Do you have past criminal record and like to travel to Canada for leisure or business purposes? Not sure if you are considered Deemed Rehabilitated or if you should apply for Temporary Resident Permit (TRP) or Criminal Rehabilitation? Continue reading below to find out reasons you can be Denied Entry to Canada, what steps to take overcome your inadmissibility issue and when you can be considered Deemed Rehabilitated.

Reasons you can Denied Entry into Canada

A traveller to Canada may be denied a visa or an Electronic Travel Authorization (eTA) or potentially removed from Canada if the immigration officer believes the traveler:

  • is a security risk (terrorism, participated to overthrow government)
  • has violated human or international rights (war crimes, crimes against humanity)
  • has committed a serious offence that would be punishable by maximum prison time of at least 10 years in Canada
  • has been convicted of DUI or was under the influence of drugs or alcohol
  • has participated in organized crimes (smuggling or money laundering)
  • is not able to support themselves or family financially during their time of stay in Canada
  • has misrepresented themselves or is withholding information
  • has not complied with past immigration regulations
  • has a family member that has a inadmissibility issue

What to Apply for when having a Past Criminal Record

If you have urgent travel date to Canada you can apply for Temporary Resident Permit (TRP) . The TRP allows you to overcome your inadmissibility issue for temporary basis and can be applied at the port of entry or consulate level. If you come from a non-visa exempt country such as Pakistan or India you cannot apply for TRP at the immigration border. Non-visa exempt countries can only apply for TRP at consulate level and have to wait 8-12 months to get a decision on their application.

Visa Exempt Countries apply for eTA

If you come from visa-exempt country such as Germany or Italy you can apply at port of entry and at the same time have your Electronic Travel Authorization (eTA) ready. The eTA is a document you have to get prior to booking your flight, this document tells you have a past criminal record or not. If you get negative decision on your eTA it basically means you cannot enter into Canada until you take care of your inadmissibility issue. Luckily, American citizens do not need an eTA they can apply for TRP at the port of entry and get same day decision on their application rather than waiting 8-12 months. If you do not have an urgent travel date you can simply submit your TRP application at the consulate.

Who can apply for Criminal Rehabilitation

Depending on how many offences you got on record, what you were convicted of and when you completed whatever that was imposed on you, you may be eligible to apply for Criminal Rehabilitation. Usually applicants have to wait either five or ten years before being eligible to apply for criminal rehabilitation. To determine if you are eligible for criminal rehabilitation it is best to consult with an immigration expert first such as Akrami & Associates to determine your eligibility. Many times applicants apply for an application they are not even eligible for, so rather than wasting your money on government fees consult with an immigration representative first. Criminal Rehabilitation application can only be filed at the consult which take 8-12 months for processing.

Who can apply for ARC

It is highly recommended to consult with immigration expert first to determine what type of application you need to apply for. For example, if you got a removal order from Canada you apply for Authorization to Return to Canada rather than Criminal Rehabilitation or TRP. Depending on your unique situation you may have to apply for both.

When am I considered Deemed Rehabilitated?

The immigration officer looks at certain aspects to consider you deemed rehabilitated, these depend on:

  • the offence that was committed
  • the seriousness of the offence and how much time has elapsed since the completion of the sentenced imposed which is 10 years for an indictable offence and five years or more for summary convictions
  • how many offences were committed
  • the offence committed is punishable in Canada by a maximum prison term of less than 10 years

Do I have to apply for Deemed Rehabilitation?

If you are travelling to Canada and have a past criminal record and you believe you are Deemed Rehabilitated than you do no need to apply for it. Once you arrive at the Canadian border and the immigration officer will assesses your situation and determine if you are deemed rehabilitated. If the immigration officer believes you are not rehabilitated you will be Denied Entry into Canada and asked to apply for Temporary Resident Permit (TRP), Criminal Rehabilitation or ARC application depending on your unique situation. To avoid being turned around at the Canadian border it is best to consult with an immigration consultant such as Akrami & Associates prior to your travel date. The immigration officer has the right to deny you entry if he/she believes you are not rehabilitated. Regardless if you are deemed rehabilitated or not it is recommended to go in prepared with all your documentation and having your application ready.

What does the Immigration officer look at to consider me Deemed Rehabilitated?

The immigration officer looks at the following to consider you deemed rehabilitated:

  • how many offences you committed
  • the seriousness and circumstance of each offence
  • how your behaviour has changed since the offence was committed
  • your personal statement of why should be allowed entry into Canada
  • references letters from friends/family/community
  • why you think you are rehabilitated
  • your present situation

So if you are not rehabilitated the immigration officer will inform you to apply for Criminal Rehabilitation or Temporary Resident Permit based on your circumstances.

How will I know if I am Deemed Rehabilitated?

To determine if you are deemed rehabilitated you can do a self-assessment prior attempting to cross the border.

You are deemed rehabilitated if:

  • you got only one conviction on record or if you only committed one offence
  • 10 years have elapsed since completion of sentence such as having paid all fines, completed prison time, restitution paid or whatever that was imposed on you is completed
  • the offence that you committed is not considered a serious offence in Canada and the offence does not involve serious property damage, physical harm to anyone or use of weapon

Remember it is not guaranteed that the officer will allow you entry into Canada. But if you think you are eligible ensure to bring all the necessary documents for the immigration officer to review your case. Some other document the immigration officer will be looking at include is your identity documents such passport, documents on what was imposed on you and what you completed for it, police clearances etc.

Contact Akrami & Associates to find out if you are Rehabilitated

Akrami & Associates has assisted many persons with inadmissibility issues to Canada and have helped them successfully obtain their Temporary Resident Permit or Criminal Rehabilitation. If you are not sure if you need to go through the process of obtaining a TRP or applying for Criminal Rehabilitation then contact us today at 416-477-2545. Our immigration experts will review your unique situation and determine what steps you need to take to have a successful entry into Canada. Remember with Akrami & Associates there is always a way!!