What is Criminal Rehabilitation
In order to enter Canada as a visitor, you must abide by the Immigrations laws that are in place for the safety and security of Canadian citizens and permanent residents. If you are deemed inadmissible to Canada for a past criminal offence made in or outside of Canada, and you would like to overcome the criminal inadmissibility, you may be able to apply for Criminal Rehabilitation. However, it is extremely important to note that this is not a permanent solution if you reoffend – the Criminal Rehabilitation will become void. In this article, I will address the eligibility for Criminal Rehabilitation, how to apply for Criminal Rehabilitation, the specific documents you will need to provide, and the chances for a successful application.
Am I Eligible for Criminal Rehabilitation
In order to apply for Criminal Rehabilitation, you must be inadmissible to Canada. Most of the time, this inadmissibility is due to criminal activity in your past. Any foreign national that has been involved in criminal activity may not be granted permission of entering Canada. Below are certain circumstances that would entail criminal inadmissibility.
You are deemed inadmissible if:
- You were convicted of an offence in Canada
- You were convicted of an offence outside of Canada that is considered a crime within Canada
- You committed an act outside of Canada that is considered a crime under the laws of that country and would be equivalently punishable under Canadian law
It is important to acknowledge the time frame since your previous offences. To be eligible for Criminal Rehabilitation, a minimum of 5 years must have elapsed since the act. Additionally, the 5 years would start on the last day of the sentence imposed. If you have not completed the designated time period, then you may not apply for Criminal Rehabilitation.
How to Apply for Criminal Rehabilitation
The application for Criminal Rehabilitation is extremely beneficial for applicants who would like to rid themselves of a past criminal record when entering Canada. The foreign national that is applying for Criminal Rehabilitation is essentially asking the Canadian government for permanent relief or forgiveness for a particular crime(s) committed in a foreign country or within Canada. The moment that the Canadian government forgives the applicant of the previous offence(s), their prior offence(s) will no longer impede their travels to Canada in the future. The application process will require extensive forms to be filled out and documentation to be provided. The forms will be found on the Canadian government website or provided to you by Akrami & Associates, if you decide to retain our legal services. The specific documentation will be listed below for your reference. As previously mentioned, if the applicant reoffends, the Criminal Rehabilitation will then become void and you would have to reapply and the process would start over.
Documents Needed for Criminal Rehabilitation
When you are pleading with the Canadian government for forgiveness of your previous criminal convictions, it is comparable to presenting your case in court and proving your innocence. You must show evidence that shows your convictions and your change of lifestyle going forward. Below, I have included a list of certain documents that you must provide for Criminal Rehabilitation.
The required documents for Criminal Rehabilitation are:
- If you don’t have a passport, a copy of your driver’s license or birth certificate
- Court judgment made against you
– This document(s) will show: the charge, the section of the law under which you were charged, the verdict and the sentence
- Canadian equivalent laws under which you were charged or convicted
- Any documents that relate to the sentence, parole, probation or pardon
– These documents will include: court records, judge comments, probation or parole records, certificate of rehabilitation, and more.
- Criminal Clearance from Police
– These can include anywhere you have lived for 6 consecutive months or longer
- For U.S. citizens – State Clearance
– These can include any states you have lived for 6 consecutive months or longer
The more information and documentation that you can provide to immigration will result in a better chance of approval since you will have a strong case. If, by any chance, you cannot provide certain documents, it is always recommended to provide an explanation why. However, this may impede with the chances of success and I recommend you try your best to gather the required information to the best of your ability.
What are my Chances for Successful Entry
In order for you to have successful entry through a Criminal Rehabilitation application, you must ensure that you have a well-prepared and fully compliant collection of forms, documents and an exceptional submission that includes why you should be granted entry into Canada and be forgiven of prior offences. By submitting all of this information to the immigration officer, they will ultimately have the discretion on whether you are allowed to enter. They will review all information and consider a number of different factors; the factors can range from the reason you want to enter Canada to the particulars of the criminal offence(s).
There are certain factors that the immigration officer will specifically focus on. The specific factors are:
- The number of criminal offence(s) you have on your record
- The seriousness of each offence committed
- Your explanation for each of the offence(s)
- Your behavior since you committed the offence(s)
- Reasoning for why you are unlikely to reoffend
- Your present circumstances and lifestyle
- Support you receive from your community
- Reasoning for why you believe you are rehabilitated
If you decide to go with an immigration professional, such as Akrami & Associates, we can give you an idea of whether you have a strong case or not. However, as aforementioned, the decision is entirely up to the immigration officer and is entirely out of the hands of the applicant and the immigration professionals.
Contact Akrami & Associates to Apply for Criminal Rehabilitation
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for Criminal Rehabilitation. Applications for Criminal Rehabilitation 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 gain entry into Canada as visitors. If you believe that you may be eligible for Criminal Rehabilitation, 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 advise.
With Akrami & Associates, there is always a way!