Criminal Rehabilitation

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.

In order to qualify for Criminal Rehabilitation, there are two options available to you. One is being “Deemed Criminally Rehabilitated” which happens after the passage of 10 years from the day you fulfilled the terms of your conviction with no further offenses.

If these 10 years have not passed yet, you may qualify for the second option of Individual Rehabilitation.

To qualify for Individual Rehabilitation, you must:

• Wait five years after the completion of their sentence before applying; and
• Demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating:
• A stable lifestyle
• Community ties
• Social and vocational skills
• That the criminal offence was an isolated event

In order to be successful in this application you will need to demonstrate that you have made significant changes to your actions, attitudes and behaviour since conviction.

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.

You may need to come to Canada for a specific purpose, such as business, tourism, or leisure. However, if you have been convicted of an offence in the past this may be a problem, as you will be considered criminally inadmissible to Canada. Nevertheless, this is not necessarily the end of the line for you. You can seek to overcome your criminal inadmissibility by applying for a Temporary Resident Permit which allows you to enter Canada.

However, an immigration officer will thoroughly assess your situation and your application before deciding whether you are issued a Temporary Resident Permit. In making this assessment the officer will look at whether your need to enter Canada is compelling enough that your criminal inadmissibility can be overcome.

Assessing Whether Your Need Is Compelling Enough To Allow You To Enter Canada

Overcoming your criminal inadmissibility is no small feat. This is because Canada’s immigration system has procedures in place to protect the safety and security of Canadian society. Therefore, when an officer is deciding whether your inadmissibility may be overcome so that you can enter Canada, he or she will weigh your need to come to Canada with the risk of your entry to Canada.

If you’re inadmissible to Canada because of a criminality, your need to enter or stay in Canada must be compelling and sufficient enough to overcome any health or safety risks to Canadian society. The degree of your need will depend on your particular circumstances.

The following are some of the factors that an immigration officer will look at to determine whether they can issue you a Temporary Resident Permit to overcome your criminal inadmissibility:

• The immigration officer must consider:
  • The factors that make your presence in Canada necessary (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event)
  • The intent of the legislation
• · The assessment may involve:
  • The essential purpose of your presence in Canada
  • The type/class of application and pertinent family composition, both in your home country and Canada
  • The tangible and intangible benefits which may accrue to you or any other person
  • The identity of your sponsor, host, or employer

At Akrami & Associates, our team of legal experts has the skills, knowledge and expertise to help you with your application to overcome your criminal inadmissibility. We will find a solution even when your circumstances seem dire.

Those individuals who have been convicted of an offence outside Canada, and at least 5 years have passed since completion of the sentence, may apply for Criminal Rehabilitation. In order to qualify for Criminal Rehabilitation, you must prove that your life is very stable and moving forward and you will not commit any criminal acts. Basically, this application is geared at those who have made positive steps towards improving their lives.

This application takes into account that people make mistakes and can improve their lives over the passage of time. If you have a criminal inadmissibility, you may be denied entry to Canada. If you are successful in obtaining a Criminal Rehabilitation, you will never face these issues again. It is a permanent way to overcome your inadmissibility, provided that you do not reoffend.

Those who committed a single, non-serious offence and more than 10 years have passed since the completion of any sentencing may be "Deemed Rehabilitated". However, consult with a legal expert to determine if you qualify as "Deemed Rehabilitated".

Those who will require Criminal Rehabilitation have:

1. Committed an act outside of Canada that is considered to be an offence in Canada
2. Been convicted of an offence or admitted to committing an offence
3. Completed a minimum of 5 years since the end of your sentence

The following is a list of factors the officers may take into consideration when assessing an application for Criminal Rehabilitation:

• Nature of the offence
• Number of convictions
• The amount of time which has passed since the offence occurred
• Applicant's behaviour
• Applicant's lifestyle

Along with the factors described above, all the conditions of the sentence must be satisfied. For those applicants seeking permanent residency and have a prior conviction, you must be considered rehabilitated in order to receive permanent resident status. Applicants seeking to stay in Canada temporarily have the option to pursue a Temporary Resident Permit (TRP) instead of Criminal Rehabilitation.

Whatever your reasons for seeking entry to Canada are, if you face a criminality, a Border Officer does have the right to detain you whether the offense happened 2 years ago or 20 years ago.

The only way to guarantee your safe passage is to have the necessary documentation. You can acquire this documentation by applying to the consulate. Be advised that processing times are extensive with these types of applications.

However, if you have an urgent travel need, there are ways to apply at a Port of Entry to accommodate an urgent travel need. If you face the need to travel to Canada for reasons like business, family gatherings etc., contact us, we would be glad to see you through the border.

With Akrami & Associates, there is always a way.