Criminal Rehabilitation
Criminal rehabilitation is a process that allows individuals with past criminal convictions to permanently overcome inadmissibility to Canada. It applies to foreign nationals who are considered inadmissible under Canadian immigration law due to their criminal record.
What is Criminal Rehabilitation?
Criminal rehabilitation is a legal mechanism by which individuals with a past criminal record can demonstrate they are no longer a risk to Canadian society. Once granted, the individual’s inadmissibility is resolved permanently, provided they do not commit further offenses.
Who Needs Criminal Rehabilitation?
- Foreign nationals who have been convicted of an offense outside Canada that is considered a crime under Canadian law (dual criminality).
- Individuals whose sentences were completed at least five years ago, including all probation, fines, or imprisonment.
Eligibility for Criminal Rehabilitation
To qualify for criminal rehabilitation, applicants must meet these requirements:
- 1.Conviction and Sentence Completion:
The individual must have been convicted of a crime outside Canada and have completed their sentence, including probation or fines, at least five years prior.
- 2.Dual Criminality:
The crime committed must have an equivalent offense in Canada. For example, a foreign DUI (Driving Under the Influence) conviction would align with Canadian impaired driving laws.
- 3.Evidence of Rehabilitation:
Applicants must demonstrate they have been rehabilitated and are unlikely to commit future offenses. This is shown through supporting documents, such as character references, proof of employment, or community involvement.
How to Apply for Criminal Rehabilitation
- Application Submission:
Applicants must submit a Criminal Rehabilitation Application (Form IMM 1444) to the Canadian Consulate or Embassy that handles immigration matters in their country.
- Supporting Documents:
- Police certificates from all countries where the applicant has lived for more than six months since the age of 18.
- Court documents related to the conviction.
- Proof of completed sentences (e.g., receipts for paid fines, probation records).
- Evidence of rehabilitation (e.g., personal statement, employment records).
- Fees:
The fee depends on the seriousness of the crime
- Processing Time:
Processing times vary but can take several months to over a year, depending on the case's complexity and the visa office’s workload.
Deemed Rehabilitation
In some cases, individuals may not need to apply for criminal rehabilitation because they qualify for deemed rehabilitation. This applies to individuals with minor offenses whose sentences were completed at least 10 years ago (for non-serious crimes). For deemed rehabilitation, no formal application is required, but travelers may need to prove their eligibility at the border.
