How to Qualify for a Criminal Rehabilitation

How to Qualify and Apply for a Criminal Rehabilitation

If you are a foreign national with a criminal record or a previous criminal conviction, there are many reasons why you may be denied entry into Canada. If you fall under this category, then Canadian Immigration will deem you as inadmissible to Canada due to criminal inadmissibility. Fortunately, there is a solution for these foreign nationals in order for them to enter Canada and permanently overcome their criminal inadmissibility. The Criminal Rehabilitation application assists foreign nationals to remove the grounds of their criminal inadmissibility indefinitely. The only exception to this is if the foreign national reoffends. By applying for a Criminal Rehabilitation, you are essentially proving to Canadian Immigration that you have changed your lifestyle for the better and that you are very unlikely to reoffend in the future.

Qualifying Factors for a Criminal Rehabilitation

In order to successfully qualify for a Criminal Rehabilitation, you must be deemed inadmissible to Canada due to a criminal record or past criminal offence.

As a foreign national, you would be qualified to apply for a Criminal Rehabilitation if:

• You committed an act outside of Canada and 5 years have passed since the act
• You have been convicted of an act outside of Canada and 5 years have passed since the end of the imposed sentence

It is important to note that criminality can come in several different forms. For instance, it can include both minor and serious crimes, such as:

• Theft
• Assault
• Sexual Assault
• Manslaughter
• Reckless Driving
• Driving Under the Influence of Drugs or Alcohol
• Possession of and/or Trafficking of Drugs or Controlled Substances

Circumstances that would Qualify for Criminal Rehabilitation

It is important to note that the type of offence you have committed in the past will determine the length needed to have passed in order to be eligible for a Criminal Rehabilitation. Please see a few examples below for you to better understand.

• If you were convicted of a criminal offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years, you would be eligible to apply for a Criminal Rehabilitation. Keep in mind, you would become eligible once five years have passed since the completion of the sentence imposed.
• If you committed a criminal offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years, you would be eligible to apply for a Criminal Rehabilitation. Keep in mind, you would become eligible once 5 years have passed since the commission of the offence.
• If you were convicted of a criminal offence or you committed a criminal offence outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more, you would be eligible to apply for a Criminal Rehabilitation. Keep in mind, you would become eligible once 5 years have passed since the completion of the sentence or commission of the offence.
• If you were convicted of 2 or more criminal offences outside of Canada that, if committed in Canada, would constitute summary conviction offences, then you would not be eligible to apply for a Criminal Rehabilitation.

For individuals who are not familiar with the term “indictable,” the definition of an indictable offence is an offence that can only be tried on an indictment proceeding a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. For American citizens or individuals who live in the United States, a crime of similar severity and rules would be referred to as a felony, which also requires an indictment.

5 Year Waiting Period Calculations

To further explain what the 5 year waiting period entails, I have included several different scenarios of criminal offences below. Should your criminal offence not be listed below, it is best to consult with one of our Immigration professionals for us to better determine the waiting period for you.

• If you were sentenced with a license suspension, then you must start counting the 5 years from the day of the sentencing.
• If you were sentenced with a license suspension and were also charged with a fine, then you must begin counting the 5 years from the day the fine was paid. However, should you have a payment plan for the fine, then you have to start counting the 5 years from the last day of payment.
• If you were sentenced with imprisonment without parole, then you must start counting the 5 years from the end of the term of imprisonment.
• If you were sentenced with imprisonment with parole, then you must begin counting the 5 years from the day you complete the parole.
• If you were sentenced with probation, then you must start counting the 5 years from the day you end your probation period.
• If you were sentenced with a driving prohibition, then you must begin counting the 5 years from the day you finish your prohibition. Driving prohibition is defined by the Criminal Court as prohibition from driving and operating a vehicle.

Contact Akrami & Associates

It is essential that you have taken all the aforementioned information into consideration, especially if you are researching whether you qualify and applying for a Criminal Rehabilitation. If you would like to apply for a Criminal Rehabilitation, it is extremely important to note that these are difficult applications to pursue on your own. Therefore, it is highly recommended that you seek out professional and experienced help prior to submitting the Criminal Rehabilitation application. Here, at Akrami & Associates, we work and have experience with many different immigration matters. We have helped many of our clients overcome their criminal inadmissibility by applying for a Criminal Rehabilitation. If you believe that you may be eligible to apply for a 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 advice.

At Akrami & Associates, there is always a way!