Criminal Inadmissibility and Criminal Rehabilitation

A person may be considered criminally inadmissible to Canada if they have been convicted of an offence outside the country that would be equivalent to an indictable offence—or two summary offences—under Canadian law.

This includes convictions that might be considered minor elsewhere, such as driving under the influence (DUI), petty theft, or possession of a controlled substance. Criminal inadmissibility can prevent individuals from visiting, working, or immigrating to Canada.

Criminal Inadmissibility and Criminal Rehabilitation

Criminal Rehabilitation offers a permanent solution for overcoming criminal inadmissibility. This formal application process allows foreign nationals to be deemed rehabilitated by the Government of Canada, which, if granted, removes the inadmissibility altogether.

To be eligible for Criminal Rehabilitation:

At least five years must have passed since the completion of all sentencing, including jail time, fines, probation, or other court-imposed conditions.
The applicant must demonstrate that they have been rehabilitated and no longer pose a risk of reoffending.

Applicants are assessed on several factors, including:

The nature and number of offences.
The time elapsed since the last conviction.
The applicant’s behavior since the offence.
Whether they have shown a sincere effort toward rehabilitation.

Supporting documents are essential to building a persuasive application. These typically include:

A personal statement that takes responsibility for the offence and describes the positive changes made since.
Police clearance certificates from every country where the applicant has lived for six months or more since age 18.
Court records showing the nature of the offence, sentence details, and confirmation that all conditions have been fulfilled.
Character reference letters from community leaders, employers, or colleagues.
Proof of employment history, education, volunteer work, or community involvement, which shows reintegration and responsible behavior.

In some cases, individuals may be considered deemed rehabilitated by the passage of time. This applies when:

The person has only one non-serious offence, and
More than 10 years have passed since the full completion of the sentence.

However, this exception does not apply to more serious crimes, offences involving violence or weapons, or if the individual has multiple convictions. Even if you believe you may be deemed rehabilitated, it is highly advisable to seek legal advice before attempting to enter Canada, as decisions are made at the discretion of border officers.

Unlike a Temporary Resident Permit, which only provides a temporary solution, Criminal Rehabilitation—once granted—is permanent. This means that the individual will no longer be treated as inadmissible to Canada based on that conviction, allowing them to apply for visas or permanent residency like any other ap.

Overcome inadmissibility and access your pathway to Canada with trusted legal guidance.

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