Many people have made mistakes in the past, but many have also taken positive steps to change their lives for the better. The Criminal Rehabilitation application is for those people who have demonstrated this positive resolve.
If you have a past criminality, entering and exiting Canada can be difficult as there is a possibility that you may be denied entry. An Immigration Officer or Border Official has the right to refuse you based on a previous criminal record. Whether it happened last week or 30 years ago, you may face the same dilemma when attempting to cross into Canada.
This includes passed criminality:
- If you were convicted of an offense in Canada;
- Convicted of an offense outside of Canada that is considered to be against the law in Canada or;
- Committed an act outside of Canada that would be considered punishable by a similar law in Canada
When determining whether or not you are admissible to Canada, foreign laws and convictions are translated or equated into Canadian law as if they occurred in Canada. This will have an impact on whether or how you may qualify for Criminal Rehabilitation and whether or not you will be denied when attempting to cross into Canada.
Overcome Criminal Inadmissibility
An application for Criminal Rehabilitation is essentially your chance to demonstrate that your previous mistakes are left in the past and that you have made significant changes in your life. If you are successful in obtaining Criminal Rehabilitation, you will never again be denied or refused entry to Canada, unless you re-offend.
This means that you will not need any prior approval or Temporary Resident Permit in order to cross into Canada. However, there are conditions under which you must comply in order to be found successful.
You may qualify for Individual Rehabilitation or be Deemed Rehabilitated. Depending on when the offense occurred, you may qualify for either.
Apply for Individual Rehabilitation
Depending on the severity and nature of the crime, you may qualify for an application five (5) years after you have completed your sentence. This means that all fines, probations, time in correctional facility etc. has all been served. If you are successful in obtaining Individual Rehabilitation, you will have the documentation you require in order to prevent being denied entry to Canada.
Apply for Deemed Rehabilitation
Technically speaking, provided you have not reoffended, you are Deemed Criminally Rehabilitated after ten years have passed since the sentence has been imposed. However, this is highly discretionary and without the proper documentation, you can still be refused entry.
Regardless of whether or not you can apply for Individual Rehabilitation or qualify to be Deemed Criminally Rehabilitated, it is strongly suggested that you still submit an application for the proper documentation to support this status.