Criminal Rehabilitation
Under Canada’s Immigration and Refugee Protection Act, temporary residents and applicants for permanent residence in Canada may be criminally inadmissible if they have been involved in criminal activity. If you are a foreign national and you have been charged or convicted of a crime, you may be unable to enter Canada to visit, study, work, or gain permanent resident status. You may be able to overcome criminal inadmissibility issues by applying for Criminal Rehabilitation.
The end goal of an application for Criminal Rehabilitation is to convince the Canadian government that you have been rehabilitated and are unlikely to reoffend. Once rehabilitated, you may enter Canada to visit, study, work, or become a permanent resident.
A few years ago, you did something reckless and were charged with a crime. You took full responsibility for your actions and completed the sentence imposed on you: imprisonment, probation, community service, a fine… it’s in the past, and you are now in a better, more stable place in your life. You’ll never do something like that again.
Flashforward to now: you need (and want) to come to Canada, but your criminal history is getting in the way. Did you know that:
- Non-violent offences, such as Drinking Under the Influence (DUI), may make you criminally inadmissible?
- A family member, including a spouse, may have their application for family class sponsorship refused due to criminal inadmissibility?
- Canada and the United States share information via travel documents (passports), making your federal criminal history report and State police records accessible to immigration officers?
What are your options?
If you have a criminal conviction in Canada, you must seek a record suspension from the Parole Board of Canada before you will be admissible to Canada.
If your criminality happened outside of Canada, your options depend on many factors, including: where the conviction happened, when it happened, the amount of time that has passed since the sentence was served, your age (and whether you were treated as a juvenile), and how the crime would have been treated had it occurred in Canada. In general, eligibility for criminal rehabilitation is determined as follows…
Convicted of an offence outside of Canada that, if committed in Canada, would be considered an indictable offence punishable by a maximum term of imprisonment of less than ten years:
- You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
- You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
Committed an offence outside of Canada that, if committed in Canada, would be considered an indictable offence punishable by a maximum term of imprisonment of less than ten years:
- You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
- You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
You were convicted of an offence or committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
- You are deemed rehabilitated: not applicable.
- You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
You were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
- You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
- You are eligible to apply for rehabilitation: not applicable.
To be deemed rehabilitated, you must not have committed or been convicted of any other indictable offence.
Depending on your circumstances and goals, a Temporary Resident Permit (TRP) might be a better option than an application for Criminal Rehabilitation.
Your Investment
Criminal inadmissibility is serious, and Canada’s criminal and immigration laws are complex. If you have been denied entry to Canada based on criminality, or think that you might be found inadmissible, it’s important to understand what options may be available to you.
The lawyers at Sisu Legal are immigration experts, and will help you understand what options may be on the table. With proven systems and strategies to navigate cross-border admissibility issues, you can stop worrying about what your next step should be.
This Service will:
- Guide you through the process - including checklists, a client portal, and a kanban-style visual board that allows you to track the process;
- Ensure you understand everything and that your questions are answered quickly; and
- Support you with any difficulties along the way.
Sisu Legal’s Criminal Inadmissibility Service starts at $3,500 CAD, though your fees may be higher if your case is complex. We operate on a flat-fee service model, meaning that you will be quoted a fee before you retain us to avoid any surprises.
Let’s give you peace of mind. A criminal conviction doesn’t necessarily mean that you don’t have options!
Here’s a snapshot of our process:
Step 1
This will allow us to get to know each other and figure out if we are a good fit. If you decide to move forward within 7 days of your consultation, the consultation becomes free.
Step 2
After you agree that we are a good fit, it is time to come up with a tailored plan and execute it. We will go over strategy and a roadmap of how to gather the best evidence and how to put together the best possible application.
Step 3
Amazing - now that we are almost there, we will put your entire application through an error-proofing review system and discuss how it can be made even better. No cutting corners here.
Are you ready to get started? Schedule a Strategy Session with our lawyers!