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.,

Having a previously criminality is a serious impediment to international travel. Many people are disappointed to know that their travels to Canada may be affected due to their previous criminal convictions and consequently being deemed ‘inadmissible’ to Canada.

There are many ways to deal with criminalinadmissibilityfor the purposes of coming to Canada on either a temporary or permanent basis. Depending on your situation, below are some ways we can address your criminal inadmissibility:

Not all prior convictions will mean that you will be refused entry to Canada. Sometimes depending on your reason to enter Canada and your past conviction the Officer at the border might still let you in.

For example, you need to enter Canada for an urgent business meeting and you were convicted of a minor offense of disorderly conduct. Now, even though Disorderly Conduct is an offense, it is possible to argue at the border why the need is higher that the possible risk. Of course it is still up the Officer at the border to decide if they want to let you know. But if you arrive at the border with proper paper work, it is very possible you might be let it. So prepare the proper paperwork will be key to the Officer allowing you enter Canada.

There may be no equivalent under Canadian federal law for the foreign offense that is the subject of conviction. This is often a technical argument based on the fact that the Canadian offense has a more narrow interpretation than the foreign offense in question.

To know this, we will need to know the foreign offense and then compare it to the Canadian Criminal Code. If the offense you were convicted of outside of Canada is not considered an offense in Canada, then you will be allowed entry.

Having your foreign conviction expunged might negate the inadmissibility to Canada.

Depending on how much time has elapsed, you may be deemed rehabilitated and that might overcome your criminal inadmissibility as well. Depending on the type of offense and how many offenses are on your record, you may be considered rehabilitated after 5 or 10 years from completing your sentence.

In this situation, depending on this elapsed of time; you may qualify for being “Deemed Rehabilitated and Individual Rehabilitation”. In order to determine this, you would need to understand the Regulations when it comes to the finalization of your convictions as well as how to count the time elapsed since this date.

If you are unaware of the Regulations, this can be a complicated matter. Akrami & Associates has a great deal of experience when it comes to assisting people enter Canada who are facing this situation.

Contact us to find out what options you may have the solutions that we can assist you with. With Akrami & Associates, there is always a way.

You may be looking to enter Canada or remain in Canada for business purposes, tourist purposes, or simply to visit friends or family. Canada has a generous immigration system, but Canada’s immigration Act and Regulations seeks to protect Canadians, Permanent Residents of Canada and Canadian society in general from any type of risk. In this regard, if you have a past criminal conviction, you will not be allowed into Canada unless you have applied and been approved for Criminal Rehabilitation and/or you have sought special permission to enter Canada. Special permission is done through a Temporary Resident Permit.

However, in some cases, you may find that you do not meet the requirements to apply for Criminal Rehabilitation. In this situation, it is important to know your options and the possible outcomes you face.

Criminal Rehabilitation

If you find yourself in need of coming to Canada, but you have a past conviction, then you will need to go through the Criminal Rehabilitation process. However, in some circumstances you may not be eligible for Criminal Rehabilitation. You will not be eligible for Criminal Rehabilitation if you five years have not passed since the end of your sentence imposed on you as a result of your conviction. Additionally, you may also not be eligible for a Record Suspension (previously known as a pardon) for convictions in Canada. In this instance, you may request special permission to come to Canada or remain in Canada by filling out the appropriate sections in the Application for Criminal Rehabilitation.

The immigration officer will review your application, taking into account the following factors:

  • Nature of the offence
  • The number of offences
  • When the offence occurred
  • Your current situation

After reviewing your application, the officer will advise you of the following:

  • If you applied from a Canadian visa office outside of Canada:
    • Advise you that they do not recommend that you travel to Canada; or
    • Advise you that you could apply for a Temporary Resident Permit to enter Canada.
  • If you came to a Port-of-Entry:
    • Advise you that you are not allowed to enter Canada and to return immediately to the country from which you came; or
    • Take enforcement action, such as arrest, detention, or removal; or
    • Advise that you apply for a Temporary Resident Permit to enter Canada.
  • If you applied from within Canada:
    • Advise that you leave Canada voluntarily; or
    • Take enforcement action, such as arrest, detention, or removal; or
    • Advise that you apply for a Temporary Resident Permit to enter Canada.

At Akrami & Associates, we are dedicated to helping you achieve your goals. No matter how dire your circumstances may seem, we will always try to find a way.

You are in a situation where you or a foreign national wishing to visit as a visitor or worker and are having difficulty entering Canada. There are many reasons someone may be ineligible to enter Canada. If you or someone you know is denied entry to Canada due to a prior conviction, there are ways of overcoming this dreadful obstacle.

One such provision is criminal rehabilitation. 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.

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.

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”. Canada makes such decisions depending on the type of offence.

At Akrami & Associates, we have the knowledge, skills and expertise to help you overcome your inadmissibility and come to Canada. We will help you address your needs as well as determine your possible options or how to proceed with your application.

In order to apply for Canadian Rehabilitation, you first need to determine whether or not you are eligible to do so. There are many factors to consider like the severity of the crime, the time lines of when it occurred etc.

An individual may be eligible for Criminal Rehabilitation if they meet the following three criteria:

  • They have committed an act outside of Canada that is considered an offense in Canada;
  • They were convicted or admitted to committing the act; and
  • At least five years have passed since the completion of sentencing (if any)

If you want to apply for Permanent Residency and you have a prior conviction then you must be considered rehabilitated in order to receive Permanent Resident status.

Applicants wishing to stay in Canada temporarily may have the option to pursue a Temporary Resident Permit (TRP) instead of Rehabilitation. However, a TRP must be renewed, whereas successful rehabilitation permanently resolves the problem of criminal inadmissibility for future stays in Canada.

For temporary entry, only a TRP is needed. If you are eligible for Criminal Rehabilitation, it is recommended you pursue Rehabilitation so you will never have to worry again about first obtaining a Temporary Resident Permit before entering Canada.

Further, future applications in Canada may also be affected by a Criminal Rehabilitation application. Consider that if you wish to apply for Permanent Residence or Citizenship now or in the future, only Criminal Rehabilitation is accepted.

Without this your application may be returned or even refused.

Applying for Criminal Rehabilitation requires an in depth knowledge of Canadian law as well as the ability to interpret foreign laws. Part of the application involves comparing the laws of your home country and how they would have been interpreted in Canada.

If you are seeking a Criminal Rehabilitation application, it is strongly recommended that you seek legal assistance as these applications have extensive processing times so you will want to make sure you get it right the first time.

Contact Akrami & Associates to find out how we can help you.

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

Key Terms

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.
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