CRIMINAL REHABILITATION

Move on from your past and permanently resolve your inadmissibility to Canada

If you are someone with a past criminal conviction outside Canada, you will likely be inadmissible and must request entry into Canada. Criminal Rehabilitation is the permanent solution to your inadmissibility troubles with Canada.

If you have a criminal conviction inside Canada, you may also need to apply for a Canadian record suspension.

When am I eligible for Criminal Rehabilitation?

If 5 or more years have passed since the completion of your criminal sentence (including jail time, termination of probation and payment of all fines), you are eligible for criminal rehabilitation.

How do I know my offense was completed?

Calculating your eligibility for Criminal Rehabilitation depends on the nature of your sentence:

  • Suspended Sentence: your offense is completed 5 years from the date of sentencing
  • Suspended Sentence with Fine: your offense is completed 5 years from the date you paid all fines
  • Jail/Prison without Parole: your offense is completed 5 years from the date you were released
  • Jail/Prison with Parole: your offense is completed 5 years from the date your probation ended
  • Probation: your offence is completed 5 years from the date your probation ended
  • License Suspension/Driving Prohibition: your offence is completed 5 years from the date your probation ended

What do I need to prove to be criminality rehabilitated?

A successful Criminal Rehabilitation application will show the reviewing officer that you have been rehabilitated, will not re-offend and thus are not a risk to Canadians.

To prove this, you must express remorse and show the officer that you have accepted responsibility for your actions and have grown as a person since the offence(s).

Unlike a Temporary Resident Permit (TRP), you do not need to offer a valid reason for travelling to Canada. Instead, you must only prove that you have been rehabilitated and will not re-offend.

What if my Offence was Completed 10+ Years Ago?

Deemed Rehabilitation

If you have been convicted of only one offense outside Canada that was completed over ten years ago, you may automatically be deemed rehabilitated. When you are Deemed Rehabilitated, you are free to enter Canada without issue.

Deemed Rehabilitation only applies if your one offence is not considered a “serious offence” under Canadian criminal law. If your offence classifies as a serious offence, you must apply for Criminal Rehabilitation, regardless how old your offence is.

NOTE: As of December 2018, all drinking and driving charges are considered “serious offences”.

Processing Fees

Processing fees depend on the nature of your criminal convictions.

Serious Criminality – $1000 CAD.

If you were convicted of an offence outside Canada and that offence would result in a possible sentence of 10+ years of imprisonment under Canadian law, then that offence is considered a serious criminality.

Non-Serious Criminality – $200 CAD.

Submitting your Application

You can expect to wait up to 12 months for your application to be processed. Processing times vary depending on the nature of your criminal history and the documentation provided to support your claim for rehabilitation.

To avoid unnecessary delays and ensure the quickest processing time, it’s important to provide quality supporting documentation and be as detailed as possible.

Serious Criminality

If your criminal offence is serious in nature, it is likely to translate into an “indictable offence” under Canadian law. On the other hand, if your criminal offence is less serious, then it will likely be labeled a “summary offence” under Canadian law and thus you may be Deemed Rehabilitated once 5 or more years have passed since the completion of your sentence. It is important to note that if your offences translate to a 10-year or more sentence under Canadian criminal law, the offence is labeled as a “serious criminality” and Deemed Rehabilitation does not apply.

How We Can Help

Compiling a strong and convicting Criminal Rehabilitation application can be a time-consuming and confusing process due to all the requirements, fees and steps to be taken. It’s not just about obtaining the mandatory documentation and submitting your application. To ensure you have the highest chances of success, you must go above and beyond what is simply required.

At EXITUS IMMIGRATION SERVICES , our representatives are highly trained and experienced with criminal inadmissibility. Our consultants and experts will review your court documents and implement a plan of action to properly address your criminal convictions. In addition to preparing a robust and convincing legal submission letter, we will help you formulate a strong personal statement to persuade the reviewing officer and ensure you have the highest chances of success.

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