Tips for Applying for Criminal Rehabilitation

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Tips-for-Applying-for-Criminal-RehabilitationApplying for Criminal Rehabilitation

Have you been involved in criminal activity in the past that is now preventing you from entering Canada? Have you tried entering Canada and then were denied entry? The best solution for you would be applying for a Criminal Rehabilitation application in order to gain entry into Canada. In this article, I will be addressing some tips and advice with regards to applying for Criminal Rehabilitation.

What is a Criminal Rehabilitation Application

A Criminal Rehabilitation application is made for foreign nationals that have had previous criminality attached to them and are classified as inadmissible. The application essentially removes the grounds of criminal inadmissibility indefinitely. However, if you were to ever have a criminal offence again, then the rehabilitation would become void and you would have to reapply. By obtaining Criminal Rehabilitation, you are proving to the Canadian government that you have a stable lifestyle. Most importantly, you are proving that you are unlikely to be involved in any further criminal behavior or activity in the future.

How do I Obtain Criminal Rehabilitation

It is important to note that the only way in which you may be qualified to obtain Criminal Rehabilitation is by being deemed inadmissible to Canada for specifically criminal activity.

The two circumstances that you may be able to apply for rehabilitation is if you have: committed an act outside of Canada and 5 years have elapsed since the act; or have been convicted outside of Canada and 5 years have passed since the end of the sentence imposed.

What Constitutes Criminal Activity

Criminal activity can include both minor and serious crimes. Some examples to consider are:

  • Theft
  • Assault
  • Manslaughter
  • Dangerous driving
  • Driving while under the influence of drugs or alcohol
  • Possession of or trafficking in drugs or controlled substances

Types of Offences

There are several types of offences that are classified as serious crimes. To be more specific, I will include a description of the types of offences.

Summary Offences: These types of offences are less serious. The maximum penalty for a summary offence is usually a $5,000 fine and/or 6 months in jail. However, there are some summary offences that do have higher maximum sentences, such as breaches of a probation order.

Indictable Offences: These types of offences are more serious. Offences that would be classified as an indictable offence include: theft over $5,000, breaking and entering, aggravated sexual assault, and murder. The maximum penalty for an indictable offence can vary and can include life in prison. However, there are some indictable offences that do have lower minimum penalties.

Hybrid Offences: These types of offences can be classified as either summary or indictable. The crown counsel ultimately makes the decision as to how the offence will be handled.

It is important to recognize that if your foreign offence is equivalent to a Canadian hybrid offence, immigration law states that you must use the more serious or indictable offence as the equivalent when determining your entry into Canada.

When Can I be Deemed Rehabilitated

Depending on the severity of the offence(s) and when they were given to you, you may be deemed criminally rehabilitated. To be deemed rehabilitated, it depends on several factors, which are:

  • The crime(s) you have committed
  • The seriousness of the crime(s) committed
  • The amount of time passed since the sentence of the crime(s) that were committed, which is 10 years for an indictable offence and 5 years or more for two or more summary convictions
  • Whether you have committed one or more crimes, and
  • Whether the crime(s) would be punishable in Canada by a maximum prison term of less than 10 years.

Subsequently, if you have completed the designated time since the sentence of the crime(s) you have committed and qualify for Criminal Rehabilitation, then you are on your way to being rehabilitated in Canada. To prove to the Canadian government that you are deemed rehabilitation, you must provide some proof and documentation to support your case.

Documents Needed for Criminal Rehabilitation

The following list of documents will be required in order to prove to the Canadian government that you have successfully become criminally rehabilitated. The list includes:

  • Identity Documents, such as: your Passport and your Driver’s License.
  • Supporting Personal Documents, such as: Photos, your Personal Statement, your Resume, an Employment Letter, your Employment History, your Address History.
  • Government Documents, such as: Completed Forms, an FBI Clearance, Police Clearance(s), Court Dockets.
  • Other Supporting Documents, such as: Reference Letters from friends and family that know you and can provide support for your case.

As you provide the required documentation as well as supporting documentation, the more information you can provide the better it is for your case. Think of it as if you are in court and are trying to prove to the jury that you are innocent, you would want to provide as much evidence as possible. Similarly, to prove that you are not a danger or threat to Canadian society and have established a stable lifestyle, you must collect as much evidence to prove this is true.

Who Decides if I am Criminally Rehabilitated

It is entirely up to the Government of Canada, but more specifically the immigration officer that receives your case, to determine whether or not you are deemed criminally rehabilitated. Even when you have provided all of the supporting documents as listed above, have attempted to prove that you have a stable lifestyle as well as have attempted to prove that you are unlikely to be involved in any further criminal behavior, it is not guaranteed that your application will be successful. The immigration officer that handles your case will use his resources, knowledge of immigration matters and discretion to determine whether or not you are criminally rehabilitated. They will also inform you as to why your application is denied, if this becomes the case, and will advise you of the best steps to proceed.

Contact Akrami & Associates

If you are interested in getting the process started, in order for you to enter Canada, Akrami & Associates would be more than happy to help you. We are a group of highly skilled professionals that have had experience with these specific cases. Feel free to contact our office at 416-477-2545 for more information or if you want to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!