Deemed Rehabilitation vs. Individual Rehabilitation

Difference between Deemed Rehabilitation and Individual Rehabilitation

Most foreign nationals do not understand the difference between deemed rehabilitation and individual rehabilitation. The one thing that both these terms have in common is that to qualify for either you must have a criminal record and be criminally inadmissible to Canada. It is extremely important for foreign nationals that are criminally inadmissible to Canada to understand what their conviction or criminal record does to their ability to travel to Canada. Additionally, they should also determine what solutions are available to them in order to obtain authorization to enter Canada even with their criminal inadmissibility. Therefore, in this article, I will explain the difference between deemed rehabilitation and individual rehabilitation and how to properly obtain each.

Difference between Deemed Rehabilitation vs. Individual Rehabilitation

The major difference between these two terms is the time frame in which one can qualify for them. For instance, to be deemed rehabilitated, in most cases, ten years must have elapsed since the completion of the sentence imposed. Whereas, for an individual rehabilitation, one can qualify to apply for this if five years have elapsed since the completion of the sentence imposed. Another major difference between the two terms is that for deemed rehabilitation, you mustn’t need to apply for rehabilitation, whereas for individual rehabilitation, you must apply for rehabilitation. Once the ten years have elapsed since the completion of the sentence imposed, the foreign national will then become deemed rehabilitated and will no longer have inadmissibility issues on their record. On the other hand, once the five years have elapsed since the completion of the sentence imposed, the foreign national will then need to apply for individual rehabilitation in order to overcome their criminal inadmissibility issues.

Below I will explain the eligibility requirements for both deemed rehabilitation and individual rehabilitation.

Deemed Rehabilitation

In order to qualify for deemed rehabilitation, a foreign national must have been convicted outside of Canada of an offence that, if committed within Canada, would be equivalent to an indictable offence. The punishment of this offence must be a sentence of less than ten years and they must also meet the following eligibility requirements:

• Ten years have elapsed since the date the sentence was completed
• They must not have any other convictions that are summary or indictable in Canada within the last ten years; or, more than one summary conviction in the last ten years
• They must not have any convictions outside of Canada in the last ten years that, if committed within Canada, would be an indictable offence; or more than one summary conviction in the last ten years prior

Alternatively, a foreign national must have been convicted outside of Canada of two or more offences that if committed within Canada would be equivalent to a summary offence. They must also meet the following eligibility requirements:

• Five years have elapsed since the date the sentences were completed
• They must not have any convictions that are summary or indictable in Canada in the last five years; or, more than one summary conviction in the last five years prior
• They must not have any convictions outside of Canada in the last five years that, if committed in Canada, would be an indictable offence; or more than one summary conviction in the last five years prior

Lastly, a foreign national may also have committed an act outside of Canada that if committed within Canada would be equivalent to an indictable offence. The punishment of this offence must be a sentence of less than ten years and they must also meet the following eligibility requirements:

• Ten years have elapsed since the date the sentence was completed
• They must not have any other convictions that are summary or indictable in Canada within the last ten years; or, more than one summary conviction in the last ten years prior
• They must not have any convictions outside of Canada in the last ten years that, if committed within Canada, would be an indictable offence; or more than one summary conviction in the last ten years prior

Individual Rehabilitation

• In order to qualify for individual rehabilitation, a foreign national must have been convicted of an offence outside of Canada that, if committed within Canada, would be an indictable offence that has a maximum prison term of less than ten years. If this is the case, then five years must have elapsed since the end of the prison term for the foreign national to apply for an individual rehabilitation.
• Another scenario to qualify for individual rehabilitation is if a foreign national has committed an offence outside of Canada that, if committed within Canada, would be an indictable offence that has a maximum prison term of less than ten years. If this is the case, then five years must have elapsed since the crime was committed for the foreign national to apply for an individual rehabilitation.
• Alternatively, to qualify for individual rehabilitation, a foreign national must have committed an offence or have been convicted of an offence outside of Canada that, if committed within Canada, would be an indictable offence that has a maximum prison term of more than ten years. If this is the case, then five years must have elapsed since the end of the prison term or since the foreign national committed the crime for the foreign national to apply for an individual rehabilitation.
• Lastly, another scenario that may be possible is if a foreign national was convicted of two or more offences outside of Canada that, if committed within Canada, would be a summary conviction offence. If this is the case, then you unfortunately would not be able to apply for individual rehabilitation but you may be eligible to be deemed rehabilitated.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt enter Canada as deemed rehabilitated or to apply for a Criminal Rehabilitation application. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have criminal inadmissibility issues overcome their inadmissibility and enter Canada successfully. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office 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!