If you have tried to enter Canada and unfortunately were denied entry, there are many different reasons why this may have happened. Specifically, if the reason for denied entry has to do with any previous criminality attached to you, then you would then be classified as inadmissible. Thankfully, with the Criminal Rehabilitation application, it removes the grounds of criminal inadmissibility indefinitely. Of course, the rehabilitation would become null and void if you were to incur other criminal offences in the future. With obtaining criminal rehabilitation, you are proving to the Canadian government that you embody a stable lifestyle and, most importantly, that you are unlikely to be involved in any further criminal behavior or activity.
You can only qualify for criminal rehabilitation if you were deemed inadmissible to Canada for criminality activity.
You are qualified to apply for rehabilitation if you have committed an offence 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.
Keep in mind, criminal activity also includes both minor and serious crimes. For instance:
Examples of Scenarios that Require Rehabilitation:
Please note that the type of offence you commit will determine the length of your rehabilitation.
For instance:
If you were convicted of an 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:
If you committed an 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:
If you were convicted of an offence or you committed an offence outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more:
If you were convicted of 2 or more offences outside of Canada that, if committed in Canada, would constitute summary conviction offences:
It is important to know that to be deemed as rehabilitated, one must not have committed or been convicted of any other indictable offence. An indictable offence is defined as an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. Similarly, if you are an American citizen or live in the U.S., a crime of similar severity and rules would be referred to as a felony, which also requires an indictment.
The following scenarios explain how to determine the eligibility date for the 5 year waiting period for several different types of sentences:
*Note that in the case that there were varying payment dates, the rehabilitation period would start on the date of the last payment.
Examples of Calculating the 5 Year Period
The sentence imposed ends on July 30, 2007. Count 5 years from the end date of the suspension or the date your driver’s license is reinstated. You will be eligible to apply for rehabilitation on July 30, 2012.
You can apply for rehabilitation 5 years after the end of the sentence imposed. Therefore, if your 3 month jail sentence ended February 24, 2010, you will be eligible to apply for your rehabilitation on February 24, 2015, as long as no other terms were imposed on your sentence.
Unfortunately, you are unable and ineligible to apply for rehabilitation after your probation is finished. You must count 5 years from the end of the sentence imposed. Since the probation is a part of the imposed sentence, you may be able to apply for rehabilitation 5 years after you complete your probation.
If you are interested in getting the process started, in order for you to enter Canada, without any inadmissibility issues due to criminal activity, 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!
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