What is Rehabilitation?
Rehabilitation serves as a legal process that eliminates the grounds for criminal inadmissibility and indicates that an individual is unlikely to engage in further criminal activity. Criminal rehabilitation allows such individuals to demonstrate that they have adopted a stable and law-abiding lifestyle.
If you have been convicted of a crime in the past, you may overcome this criminal inadmissibility by applying for criminal rehabilitation. This process is important if you wish to apply for a temporary visa (e.g. work/study permit), permanent residence, visitor visa etc… to Canada.
At Rothe International Canada, we have extensive successful experience in guiding clients through the process of applying for criminal rehabilitation, achieving successful outcomes efficiently and with confidence.
Eligibility for Rehabilitation
You are eligible to apply for rehabilitation if you have:
The eligibility for rehabilitation depends on the nature of the offense, its equivalence under Canadian law, and the time elapsed since the offense or sentence. Below is a summary of key eligibility conditions:
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If you committed an offense/were convicted inside Canada |
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You can apply for a record suspension (formerly known as a pardon). This can help remove the barriers to your admissibility. |
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If you committed an offense/were convicted outside Canada that, if committed in Canada, would constitute an: | |
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Indictable Offense (max sentence < 10 years) |
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< 5 years after completion of the sentence |
Deemed criminally inadmissible to Canada and may apply for a Temporary Resident Permit (TRP) if you have a valid reason to travel to Canada |
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Within 5 to 10 years after completion of the sentence |
Eligible to apply for rehabilitation |
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≥ 10 years after completion of the sentence |
Considered deemed rehabilitated but will still need to submit an application for rehabilitation that is “for information only” |
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Indictable Offense (max sentence ≥ 10 years) |
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< 5 years after completion of the sentence |
Deemed criminally inadmissible to Canada and may apply for a Temporary Resident Permit (TRP) if you have a valid reason to travel to Canada |
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≥ 5 years after completion of the sentence |
Eligible to apply for rehabilitation |
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Summary Offense (2 or more convictions) |
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< 5 years after completion of the sentence |
Deemed criminally inadmissible to Canada and may apply for a Temporary Resident Permit (TRP) if you have a valid reason to travel to Canada |
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≥ 5 years after completion of the sentences imposed were served |
Considered deemed rehabilitated, but should submit an application for rehabilitation that is “for information only” |
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Summary Offense (only 1 conviction) |
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Not inadmissible to Canada, but should submit an application for rehabilitation that is “for information only” |
Temporary Resident Permit (TRP)
If you are otherwise inadmissible and have a valid reason to visit Canada, you can apply for a temporary resident permit that may allow you to enter or stay in Canada for a specified period of time. You must demonstrate your visit is justified in its circumstances. It is important to note the permit becomes invalid once you exit Canada, unless you have received specific authorization to leave and re-enter.
Calculating the Five-Year Waiting Period
To determine your eligibility to apply for criminal rehabilitation, you must calculate the five-year waiting period based on when you completed your sentence. Here are some guidelines:
It’s crucial to have documentation proving the completion of all sentences to reduce delays in application processing.
* Important Considerations
Eligibility to apply for rehabilitation depends on how the offense would be classified under Canadian law and the severity of the potential punishment. Actual eligibility can depend on specific circumstances and a detailed review of your case.
General Application Process for Criminal Rehabilitation
The process of applying for criminal rehabilitation involves several steps:
Before applying, ensure you meet the eligibility criteria, including the five-year waiting period to be eligible to apply for rehabilitation. Consult with experienced immigration consultants at Rothe International Canada if you are unsure about your eligibility.
Complete the Application for Criminal Rehabilitation Form (IMM1444): This is the official application form for criminal rehabilitation.
You will need various documents, including:
The fee for criminal rehabilitation depends on the seriousness of your offense:
The fee covers the cost of processing your application and is non-refundable, regardless of the final decision on your application.
If you are in Canada, mail your completed application and supporting documents to the Canada Immigration Centre responsible for your region.
If you are outside Canada and are applying for criminal rehabilitation along with your temporary visa application (e.g. work permit, study permit or visitor visa), send your completed application and supporting documents to your nearest Visa Application Canter. Ensure that all forms are correctly filled out and all required documents are included to reduce delays in processing.
Once submitted, your application will be reviewed by immigration officers at Immigration, Refugees, and Citizenship Canada (IRCC).
When evaluating your application for rehabilitation, immigration officers will consider several key factors, which include, but are not limited to:
Processing Time for Criminal Rehabilitation Applications
The processing time for criminal rehabilitation applications can vary depending on factors such as the complexity of your case and the volume of applications being processed by IRCC. On average, processing takes between 6 months to 1 year, but it could take longer in some cases.
To minimize delays, ensure that your application is complete and includes all required documents when submitted. Working with a team of experienced immigration consultants can also help streamline the process.
Why Choose Rothe International Canada?
Applying for criminal rehabilitation in Canada can be a complex but essential process for individuals with past criminal convictions seeking entry into the country. We understand that navigating the criminal rehabilitation process can be overwhelming, and preparing comprehensive documentation are crucial steps in this journey.
At Rothe International Canada, we have extensive successful experience in helping individuals overcome inadmissibility issues and achieve their immigration goals. If you are seeking professional guidance to apply for a temporary resident permit (TRP), to demonstrate that you are deemed rehabilitated, or to submit a criminal rehabilitation application, contact Rothe International Canada today for personalized guidance and support. Let us help you take a confident step toward achieving your immigration goals!
For further enquiries, please contact us at 28683780 or email [email protected]
More Information from IRCC:
Learn more about inadmissibility to Canada
When can I apply for individual rehabilitation?
Find out more about Temporary Resident Permits
Disclaimer
The information provided above is for general private reference purposes only and is not intended to be a comprehensive explanation of Canadian immigration laws or a substitute for professional legal advice. Rothe International Canada is not responsible for any losses caused by the use of the above information.
If you have any specific questions, you are welcome to contact Rothe International Canada directly at (852) 2868-3780 or fill in our online enquiry form.