CRIMINAL REHABILITATION and PERMANENT RESIDENCE APPLICATIONS

[bartjones]

If you live in the U.S. you may travel to a Canadian Port of Entry and ask to be assessed. You must bring all documents related to your criminal history in support of your claim of being rehabilitated. See which documents you need [Document Checklist - Rehabilitation (PDF, 179.76 KB)]. An immigration officer at the port of entry will review them to determine if you can be deemed rehabilitated and allowed to enter Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.

Assessment of deemed rehabilitation at a Port of Entry is a completely different process from applying for rehabilitation at a visa office. Visit the website of the office where you will be submitting your application for a list of requirements.

Yeah, I read that too before we submitted my wife's rehab app in Windsor, so I submitted her original rehab app at the visa office responsible for her country of origin which was Manila. The CBSA officers in Windsor thought that was pretty funny and said it was going to take forever for Manila to process it. They suggested submitting another application at their office as they were processed faster at a port of entry.

The rehab process we followed there was identical to the application I had already filed in Manila. Same forms, same documents. The result was a letter confirming that her application had been approved and she was no longer inadmissible for the purposes of the Act. It probably shaved a year off my wife's PR processing time.

I know their website says different, but the reality is, if you are criminally inadmissible you can submit a rehab app at a port of entry. As I said above, you must remain in the U.S. while your application is in process.

Bartjones

Is there any way to contact the tunnel office at Windsor? Just need info about if I would need to make another payment for submitting another application for the same thing. Thx

You might try calling this number (519) 257-6552. If this isn't them, they may be able be able to point you in the right direction

 

[Sunset0505]

like I said they would not even allow my hubby to apply at the border, that is the officers options...handed him his passport back and told him to apply at the nearest Visa office....He did get a TRP approved for three years but things changed with CIC and he had to start the process over again that is why we had another rehab submitted to New York...

 

[bartjones]

like I said they would not even allow my hubby to apply at the border, that is the officers options...handed him his passport back and told him to apply at the nearest Visa office....He did get a TRP approved for three years but things changed with CIC and he had to start the process over again that is why we had another rehab submitted to New York...

Sorry to hear that. The fact that he had the TRP may be the reason they weren't interested in dealing with his rehab app. Maybe they figured that since he had status to enter the country anyway, there was no reason he couldn't apply for rehab through the normal channels. In my wife's case she was in the U.S. and unable to join me in Canada. The rehab issue was also the only thing holding up her PR app.

 

[Sunset0505]

Sorry to hear that. The fact that he had the TRP may be the reason they weren't interested in dealing with his rehab app. Maybe they figured that since he had status to enter the country anyway, there was no reason he couldn't apply for rehab through the normal channels. In my wife's case she was in the U.S. and unable to join me in Canada. The rehab issue was also the only thing holding up her PR app.

When we applied for TRP that was rehab ( this took almost three years to get)...they changed the rules between when we first started and the last year two years...We went to the border thinking that we could do the rehab he did not have the TRP and he was turned away...I am pissed about our application because it sat for 9 months...the only activity was me requesting case notes...things did not start to happen until I emailed the Minister of Immigration..and the interview we just had in LA ( we live in Virginia) was a joke..they wanted info on a case from 25 years ago that all the court docs we not around anymore...this is where we have learned that the 10 year 5 year BS on the site mean nothing...CIC has clauses every where that say at the "agents" discretion...I just want it over with...

 

[triple p]

Hi Sunset, we are at the 10 month mark and so frustrated. hubby's CR was approved and then a month later they decide to send his PR application to L.A.

 

[Sunset0505]

Hi Sunset, we are at the 10 month mark and so frustrated. hubby's CR was approved and then a month later they decide to send his PR application to L.A.

We are at the 20 month period from receiving our application...in fact they started processing in June 2014 so really we are at 18 month period...like us we thought we had the interview thing beat but at the 19 month point we had to fly to LA from Virginia for interview...Not sure where you are but start putting away money to fly to LA....I think this is going to be more the norm now.....the waiting is way too much stress...its like being pregnant for 20 months and not know if everything is ok..

 

[Sunset0505]

Hi Sunset, we are at the 10 month mark and so frustrated. hubby's CR was approved and then a month later they decide to send his PR application to L.A.

On the positive side they sent your case to LA that has a 27 month waiting period..New York is 39 months...

 

[VatoQChopeful]

I see. That's a bit of a hike but here's what you can do if you want.

Prepare the Application For Criminal Rehabilitation. Check, double check and triple check it to make sure it's complete and you have all the required documents. Drive to the border. Tell the CBSA officer that you are not seeking to enter Canada because you have a DUI conviction but simply want to go into the CBSA office to submit an application for criminal rehabilitation. He will allow you to go into the office. You submit the application there. They'll look it all over and, assuming it's complete, accept it. The length of time it takes to process will vary from border crossing to border crossing. The Detroit-Windsor tunnel was processing them in about 3 weeks last year.

Once you've submitted the application and paid the fee they will then turn you around and send you back to the US. Sometime later you’ll get a letter at your home from CBSA advising of their decision. Assuming the DUI is your only conviction, you should be fine.

While at the border, if you wish to enter Canada you can also request a TRP. They will often grant those on the spot where the DUI is the only issue.

I did this with my wife last year who also had an old DUI. CBSA at Detroit-Windsor processed her application in a mere 3 days. Compare that with the 6 months to a year it takes through a normal visa office.

After you've submitted the rehabilitation application, you can submit your PR application and tell them in your covering letter that the rehabilitation application is in progress. My guess is that doing it this way will shave at least 3-4 months off your processing time. Good luck.

quick question.. my husband and I are planning on trying to head to the Detroit-Windsor crossing tomorrow and we are finishing up the Criminal Rehabilitation application (checking and double checking that we have everything). I was just wondering if you all had to fill out the "authorization to return to Canada" application as well (which includes a temporary resident visa to be processed online to get a barcode) or had you already submitted your application for permanent residence at this point?

Thank you so much for your help! It's truly been invaluable!

 

[Sunset0505]

quick question.. my husband and I are planning on trying to head to the Detroit-Windsor crossing tomorrow and we are finishing up the Criminal Rehabilitation application (checking and double checking that we have everything). I was just wondering if you all had to fill out the "authorization to return to Canada" application as well (which includes a temporary resident visa to be processed online to get a barcode) or had you already submitted your application for permanent residence at this point?

Thank you so much for your help! It's truly been invaluable!

While we were in LA for our Rehab/PR interview the Case Manager told us that if we had not heard anything from them by the end of Nov that we should fill out another TRP application, only if my hubby want to get into Canada ( remembering we already had one)...she also said that is would be more than likely turned away if he didn't have either the PR with rehab or the TRP...and all of my hubbys stuff is from over ten years ago.......I guess is that you should have everything ready for one

 

[VatoQChopeful]

So my husband and I headed to the Detroit-Windsor tunnel crossing this weekend and we were able to submit my criminal rehabilitation application. We told the first border patrol officer that we were not seeking entry at this time, but wanted to submit my application for criminal rehab. He allowed us to go into the immigration office where we were greeted by the second officer.He looked over my application and said he would forward it on to his supervisor for final approval. The officer said with it being the holidays we can expect a 6-8 week wait to get the results. We are pretty happy we decided to go to the border to apply. I will gladly take a 2 month wait if we receive approval! Thanks everyone for your help in this matter!!

 

[Sunset0505]

So my husband and I headed to the Detroit-Windsor tunnel crossing this weekend and we were able to submit my criminal rehabilitation application. We told the first border patrol officer that we were not seeking entry at this time, but wanted to submit my application for criminal rehab. He allowed us to go into the immigration office where we were greeted by the second officer.He looked over my application and said he would forward it on to his supervisor for final approval. The officer said with it being the holidays we can expect a 6-8 week wait to get the results. We are pretty happy we decided to go to the border to apply. I will gladly take a 2 month wait if we receive approval! Thanks everyone for your help in this matter!!

If you get it in 6 to 8 weeks I will be shocked...this is from CIC site.."Applications for rehabilitation can take over a year to process. You will be advised in writing of the decision made on your application."...there is even one person that posted here that thought things were all good and their file was transferred to LA after 10 months...I know with the TRP we had to provide a photo copy of a law from the 80's and that was the final thing holding things up after almost three years....I hope they were not feeding you BS...

 

[ryanntheredhead]

Hoping someone will still be around this thread to answer...

I was arrested for a DUI in the US 8 years ago when I was 18 years old. Long story short, the case was dismissed and the charges were dropped and I have proof of that. I've visited Canada many times before and I entered Canada with my partner where they warned me I might have problems with my old arrest, but then they let me in and I've been here for 9 months now (waiting to hear back about my visitor extension...probably taking a longer time because of the arrest...) I'm applying to be sponsored by my partner and I have the application package completely ready to go right this second except for the FBI certificate. I was thinking of attaching proof that I requested the certificate and sending the application along because I plan on traveling to the US for a visit in a month. So here's the thing, I'm worried about being denied at the border when I re-enter because of my arrest even though I've been many times with no problem, but this time I'm trying to stay and even re-apply for a visitor extension when I get back or just leave and re-enter every 6 months until my application is processed.

I honestly don't even know if I need to do a rehabilitation application since the charges were dropped, but I figure it can't hurt to do it anyway. So my question is: should I fill out the rehabilitation form and have it ready when I fly back into Canada so that it can be processed there? Then when I get word back from them, attach proof I've been rehabilitated (assuming they say yes) with my full sponsorship application?

I really wanted to get my sponsorship application off and in line to be processed, but would it be smarter of me to wait until I have Canada's word that I've been rehabilitated to apply? Because I'm assuming if I send it off now and they see the arrest (even though I'm in the process of getting it expunged JUST IN CASE) that it will severely hurt my processing time.

Thanks so much in advance.

 

[Sunset0505]

I do know one thing...If you fly back into Canada and hand them a Rehab application they are very likely not going to let you into Canada because like other have stated they were told 6 to 8 weeks( that would be really amazing)...Look at the wording of the Rehab application...If I remember correctly it is convicted crimes ....I would have every drop of paper work with you that indicates the charges were dropped when you do fly into Canada...I am trying not to set a rosy picture because the rehab process is not a rosy one...its long and painful beyond...living in limbo for 20 plus months...Our processing time would have been even longer but we just happened to have another Rehab application on New York....I can tell you what to do...you have to decide that...I personally would have a rehab application ready and waiting once your application has been submitted....that way if they ask for one you can courier over night....not much help but that is my advise....

 

[VatoQChopeful]

Just wanted to give an update....

We submitted my Criminal Rehab application on December 18, 2015 at the Detroit-Windsor Tunnel crossing. I received an e-mail on February 21, 2016 stating that my application was approved with a copy of the approval letter attached to the email. Then I received a hard copy of the letter on February 26, 2016 via snail mail.

We are super excited and will be submitting our application for PR sometime next week!

Thanks everyone for your help!

 

[Sunset0505]

Just wanted to give an update....

We submitted my Criminal Rehab application on December 18, 2015 at the Detroit-Windsor Tunnel crossing. I received an e-mail on February 21, 2016 stating that my application was approved with a copy of the approval letter attached to the email. Then I received a hard copy of the letter on February 26, 2016 via snail mail.

We are super excited and will be submitting our application for PR sometime next week!

Thanks everyone for your help!

Here's hoping your case goes well....We had An approved rehab/TRP that had 1.5 year when we submitted our application and had to resubmit because the PR took so long...the time it will take will be determined by Ottawa..in the last few years they have sent the cases to LA and they are now sending them to New York again too....If they send it to New York or LA that is going to be the killer...Plus at the last min they wanted a interview in LA for us...happened to be our 10th anniversary and we had planned a trip to St Croix and ended up in LA from Virginia.......wishing you the best....