Denied Entry To Canada Criminal Rehabilitation

Criminal Rehabilitation

Millions of people travel to Canada every day. Some travel for business, some for pleasure and some to begin a new and exciting life in Canada. Whatever your reasons are, if you have had a previous criminal charge, offense or committed an act that would contravene Canada’s Criminal Code, you may be considered inadmissible to Canada.

Criminal Rehabilitation

If you are indeed inadmissible, you will need authorization to enter Canada and overcome this issue. An application for Criminal Rehabilitation is a means to permanently overcome this inadmissibility, ensuring that you will never again face issues when attempted to cross into or reside in Canada.

Offenses

Depending on when your previous offenses occurred is a major element in determining whether or not you qualify for Criminal Rehabilitation. In order to qualify for Criminal Rehabilitation, all sentencing needs to have been completed at least five years prior to your application.

Minimum Requirements

Criminal rehabilitation allows those individuals with past convictions to enter Canada temporarily or even permanently. Foreign nationals may apply for criminal rehabilitation if:

  • the offence was committed outside Canada
  • a minimum of five years have passed since completion of the sentence
  • the offence must be one which is recognized in Canada
  • you must have been convicted of the offence or admitted to have committed the offence

For the purposes of criminal rehabilitation and assessing an application, officers may take several factors into consideration. Some of the factors may be specific to the offence including the type of offence and the number of convictions received. Other factors may be specific to the applicant, including their behavior or lifestyle. Along with the factors, the conditions of the sentence must be satisfied.

Good Moral Character

An Officer reviewing your matter will assess your activities and lifestyle over the course of time since your last conviction and take into consideration any improvements you have made to your overall wellbeing. However, you will need to demonstrate this thoroughly; An Officer will state that simply not reoffending over a period of time does not mean there is no risk of further criminal activity. You will need to demonstrate the steps you are taking to prevent that by providing proof of these improvements to your life. The documents you submit should support the following factors:

  • Your activities before and after the offense
  • Your before and after lifestyle
  • That the risk of you re-offending is highly unlikely

Consider providing a personal statement which tells your story. Why you committed the offense, what you learned, your remorse and how you have since improved. This will help satisfy an officer of your rehabilitation.

What You will Need

A successful application for Criminal Rehabilitation means that you will never again be considered inadmissible to Canada, provided that you do not reoffend. If you travel to Canada frequently for work or simply want the ability to enter Canada at will, should you qualify, the Criminal Rehabilitation application is your best way to spare yourself any future headaches. Further, if you are applying for permanent residence in Canada and you have a previous criminality, your application can be refused on those grounds. Therefore, the Criminal Rehabilitation application is also required in tandem with your permanent residence application as necessary.

How We Can Help

Applications for Criminal Rehabilitation have extensive processing times, are processed on a case by case basis and are also considered based on the seriousness of the offense. Just because it happened over five years ago, does not necessarily mean you will be successful.

You will need to have your foreign offenses translated into Canadian law to be considered under the Canadian Criminal Code. Depending on how you do this and the arguments you make, your case can significantly be strengthened. Be cautious, however, if attempting this on your own. If you unknowingly translate your offense into the incorrect law or a more serious one, you could potentially make matters much worse for you.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation demonstrating your need to enter Canada;
  • Demonstrate that you are a low risk traveler;
  • Translate your previous offense(s) into the appropriate Canada law while making the necessary arguments to strengthen your case;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on Criminal Rehabilitation, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.,

  • TRP is short for Temporary Resident Permit

In order to overcome inadmissibility, you have the option of applying for a Temporary Resident Permit. This permit allows you to enter or stay in Canada if it has been less than 5 years since the end of your sentence or if you have valid reasons to be in Canada (in this situation you may be granted a TRP; however, an immigration officer at the border will have the final say whether your need to enter the country is greater than the health and safety risks of Canadian society).

Inadmissibility can range from minor criminal offences (e.g. shoplifting a candy bar) to major criminal offences (e.g. murder) to finding that one’s health condition will cause excessive demand on social services or a danger to public safety. You can be denied for any criminal act, as well, inadmissibility can also be based on a perceived security threat to Canada, misrepresentation, involvement in human rights violations abroad or organized crime, or a determination that adequate arrangements for financial support have not been made.

If you were under the age of 18 when the crime was committed, you might be allowed entry or stay in Canada. If you do fall within that category, depending on the crime, how much time has passed since, and your behaviour since then, you still have an option as to how you can overcome inadmissibility.

Overcoming inadmissibility includes:

  • convincing an immigration officer that you meet the legal requirements deemed rehabilitated
  • applied for rehabilitation and was approved
  • was granted a record suspension
  • already have a temporary resident permit

Two ways exist in showing rehabilitation:

Deemed Rehabilitation

  • Canada can no longer bar you from entering because so much time has passed since the conviction
  • this also depends on the crime that was committed
  • depends on the amount of time that has passed since the end of your sentence
  • depends if you have committed more than one crime
  • in all situations the crime committed outside of Canada must have a sentence less than 10 years if it was committed within Canada

Individual Rehabilitation

  • it is assumed that you are better and are not likely to commit any new crimes
  • in this case, you may apply for individual rehabilitation in order to enter Canada
    • you must show that you meet the criteria
    • that you have been rehabilitated
    • it must be shown that you are unlikely to commit or take part in future crimes
  • in addition to the above, it must be at least 5 years since the day you committed the act and the end of your criminal sentence

Overcoming inadmissibility is very difficult, and as there are a lot of situations that can be changed, there are also cases that cannot be changed. This guideline should have helped you determine whether or not your case has potential to overcome inadmissibility.

If you are looking at applying for a Temporary Resident Permit (TRP), call us today! At Akrami & Associates, there is Always a Way!

If you have been found criminally inadmissible to Canada, and your conviction happened several years ago, you may apply for rehabilitation. Criminal rehabilitation can happen in two ways;

  1. Apply for rehabilitation to a Canadian visa office or visa application center
  2. Be deemed rehabilitated

Before applying for rehabilitation, you must have applied and received your record suspension (formerly known as a pardon). To be eligible for rehabilitation, you must,

  • Have committed the offence at least five years ago
  • Have completed your sentence at least five years ago

If this is the case, you can make an application to a Canadian visa office or visa application center in your country or region. Once the application has been reviewed, a decision will be made regarding whether or not you will be rehabilitated and therefore have your criminal inadmissibility removed.

Deemed Rehabilitated

To be deemed rehabilitated, at least ten years will have had to pass since you committed the offence or completed your sentence. This is not for all cases as various factors may contribute to your outcome such as,

  • How many crimes you have committed
  • The severity of the crimes you committed

To be deemed rehabilitated, you can assess it yourself or ask a visa office to do it for you. If you know that you are eligible to be deemed rehabilitated, you can make your case at a port of entry. If you wish to choose a safer method, you can make an application for rehabilitation, asking for information only. This will not cost you, and once an officer reviews your file, they will instruct you on what to from there.

If you wish for more information regarding your criminal inadmissibility, at Akrami & Associates, our legal professionals can assist you. Call us today to find out more.

Once you have been convicted of a crime, you may not be allowed to enter Canada, unless you are deemed to be rehabilitated or you have applied for rehabilitation. Rehabilitation in general sense means that you are not likely to commit new crimes. The conviction could be for both minor and serious offences.

Deemed rehabilitation means that enough time has passed since you were convicted of the crime. This means that the crime may no longer stop you from entering Canada. You are deemed to be rehabilitated depending on various factors such as, the type of crime, the time passed since you finished serving the sentence and if you have committed more than one crime. According to the Canadian Immigration law, you are only deemed rehabilitated

-If the crime was committed outside of Canada and

- If the crime would be punishable in Canada by a prison term of less than 10 years.

Another option is Individual rehabilitation, which is granted by either the Minister or their delegate. To get individual rehabilitation, at least five years must have been passed since the end of your criminal sentence and the day you committed the criminal act. You would have to apply to a Canadian visa office in your home country or region. The visa officer will evaluate your lifestyle, employment, home, and your behavior since the crime was committed. The officer will determine accordingly if you would be allowed entry into Canada . Similar evaluation will be conducted at the port of entry for U.S. citizens. It is up to you to provide proper documents and evidence to strengthen your claim, as the visa officers will only be evaluating you based on your submissions.

I hope this helped, if you have any further questions about the documents you require, and how about how to present your claim, please do not hesitate to contact us. Our team of experienced professionals will be happy to answer any of you questions.

You could be deemed inadmissible due to security, medical or criminal reasons. Rehabilitation is an option, but what if you need to enter Canada before your 10 or 5 years have been completed. In that case you may apply for a Temporary Resident Permit(TRP).

A TRP may be issued for someone who is otherwise inadmissible, but has a justified reason to enter or stay in Canada. In most cases, the permit is only issued for the length of your visit to Canada. TRP is a temporary solution for a person who needs to enter Canada for a valid reason. For instance, if you would like to come to Canada for one week for a business conference, but you have a criminal record, if you qualify, the permit would only be issued for one week. You have an obligation to leave Canada by the expiry date on the issued permit

In order to be eligible, it is up to you to display that your need to enter Canada outweighs the health or safety risk to Canadian society. The offence itself may seem minor, but you must demonstrate that your visit is justified. It is you responsibility to provide the correct documents that help you strengthen you case and validate the officer of your intention.

I hope this helped, if you have any further questions about the documents you require, and how about how to present your claim, please do not hesitate to contact. Our team of experienced professionals will be happy to answer any of you questions.

Are you in a position where,

  • You have been convicted of a crime inside of Canada
  • You have been convicted of a crime outside of Canada that is a crime punishable by law in Canada
  • You committed an act outside of Canada where the act is considered a crime in the country the act was committed as well as under Canadian law

If this is your situation, and you have applied for temporary resident or permanent resident, you will have most likely been denied. In Canada criminality is a ground for inadmissibility. This being said, there may be a solution for you.
These are some ways to overcome your convictions if the offence you committed was outside of Canada. They are as follows,

  • You need to apply for rehabilitation
  • You are deemed rehabilitated - all of the following must apply,
    • The crime you committed would be an indictable offence with a maximum sentence of ten years or less in Canada
    • At least ten years have passed since you served your sentence or committed the offence

If the crime you committed was in Canada, you must apply for a record suspension with the Parole Board of Canada.
So what is rehabilitation? Rehabilitation is a way to determine that you have led an exemplary lifestyle and will unlikely commits further crimes. Being rehabilitated will eliminate your inadmissibly on grounds of criminality.
In order to apply for rehabilitation, you must meet the eligibility requirements. The eligibility requirements for rehabilitation depend upon the severity of the crime you committed, how much time has passed, and how the crime would be viewed in Canada.
If you have concerns regarding your past criminal activity, or if you have been denied and unsure of what you should do now, call Akrami & Associates today and let a legal representative assist you.

More Articles ...

  1. Misrepresentation Also a Reason For Denied Entry to Canada
  2. Denied Entry Criminal Rehabilitation
  3. Criminal Inadmissibility & Denied Entry To Canada
  4. Qualify For Criminal Rehabilitation
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