Criminal Inadmissibility and Rehabilitation

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.

When you unwrap the way this service works, here’s an overview of what you can expect…

A Strategic Plan

We don’t believe in “winging it”. This service includes an initial meeting with a lawyer to discuss your goals, your concerns, and to answer any questions you have. We will go over the visa requirements and will guide you through the entire process. You will feel comfortable, knowledgeable, and confident.

An Execution Strategy

A plan is nothing without execution. You’ll get a customized checklist so that you can start gathering the best possible evidence for your application. We will make document collection as painless as possible with a customized upload link and a secured shared folder that you can add to, whenever it is most convenient for you.

Attention to Detail - Always

We’ve got checks and balances along the way to ensure that nothing gets missed. You’ll do a few simple questionnaires and we will do all the heavy lifting behind the scenes. We have systems, processes, and technology in place to help reduce the chance of errors.

Support - Reach out anytime you get stuck

Schedule a call or email us with your questions - whenever, at no extra charge. You can always expect a response within one business day. However, the goal is to anticipate as many of your questions as possible and provide you with lots of resources and information so that you always have a clear picture of what comes next.

Here's a snapshot of our process:

Step 1 

Schedule a Strategy Session

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 30 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. We will go over strategy and a roadmap of how to gather the best evidence, what affidavits are required, and how to put together flawless forms.

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.

Please note, to keep up with our high service standards, there are limited spots available each month.