If you have a criminal record, you will certainly face issues when attempting to enter Canada or when submitting an application to Citizenship and Immigration Canada. Depending on when this offense occurred, you may qualify for Criminal Rehabilitation. To determine whether or not you qualify, an Immigration Officer will look at:
- The Nature of the Offense
- The Severity of the Offense
- When the Offense occurred
Summary Offense – Less serious offense, usually with a maximum sentence of 6 month and under $5000 in fines
Indictable Offense – A more serious offense, these offenses are various and are punishable differently depending on the severity of the crime. This can include a sentence of life in imprisonment.
Hybrid Offense – These are offense that can be considered either summary or indictable
See if you Qualify
If you were convicted of a crime outside of Canada that would be considered an indictable offense in Canada and can be punished with imprisonment for less than ten years:
- You are deemed rehabilitated: at least ten years after you have completed your sentencing
- You are eligible to apply for rehabilitation: After a minimum of five (5) years have passed since completion of your sentencing
If you offended outside Canada and your offense would be considered an indictable offence in Canada that can be punished by a maximum term of imprisonment of less than ten years:
- You are deemed rehabilitated: at least ten years after the offense occurred
- You are eligible to apply for rehabilitation: five (5) years after the offense occurred
If you were convicted of an offence or you committed an offence outside Canada that would be punished by a maximum term of imprisonment of ten years or more:
- You cannot be deemed criminally rehabilitated
- You are eligible to apply for rehabilitation: five (5) years after the offense was committed or completion of your sentence
If you were convicted for two (2) or more offences outside Canada that would be considered a summary conviction if the offences occurred in Canada:
- You are deemed rehabilitated: a minimum of five (5) years after the sentences imposed were served or to be served.
- You are eligible to apply for rehabilitation: not applicable.