Deemed Rehabilitation - Canada

Last updated: 28 June 2021

how to get deemed rehabilitation to enter canada

If a foreign national with a criminal record wishes to enter Canada, a Canadian immigration officer can hold the individual's past crime against them, and refuse them entry to Canada on the basis of criminal inadmissibility.

However, there are a number of ways that an individual can overcome their inadmissibility issue and lawfully enter Canada.

Persons who are considered criminally inadmissible to Canada may still be permitted entry to Canada if they are deemed rehabilitated. If an individual does not qualify to be deemed rehabilitated, an application for criminal rehabilitation must be submitted to immigration officials at the Canadian consulate responsible for their area.

The Campbell Cohen Immigration Law Firm can assist in your efforts to enter Canada. Simply complete our contact form and one of our experts will reach out to schedule a free consultation with you. 


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Application Criteria to be Deemed Rehabilitated

To be deemed rehabilitated, immigration authorities can decide that a person is no longer criminally inadmissible to Canada based on a number of factors, including if they have:

Been convicted outside of Canada for an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:

    • Ten years have passed since the completion of their prison term sentence;

    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and

    • They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years before that.

    Or

    Been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences, and they meet the following requirements:

    • Five years have elapsed since the completion of their sentences;

    • They have not been convicted of any indictable offence or summary offence in Canada in the last five years, or more than one summary conviction in the five years before that; and

    • They have not been convicted outside Canada of an offence in the last five years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the five years before that.

    Or

    Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:

    • Ten years have elapsed since the completion of their sentence;

    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and

    • They have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years before that.

    Persons do not have to apply to be deemed rehabilitated, but anyone with a criminal record who wants to enter Canada should make sure that they have been deemed rehabilitated before travelling in order to avoid a problem at the Canadian border.

    Otherwise, an immigration officer could determine that you have not been deemed rehabilitated, and you will be denied entry to Canada due to criminal inadmissibility and have to turn back.

    If you have a criminal record, it is in your best interest to discuss your potential inadmissibility issue with the Canadian consulate responsible for your area or a Canadian immigration law firm. This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement action.

    Criminal Rehabilitation

    Individuals who do not qualify for deemed rehabilitation for reasons of criminal inadmissibility, must apply for criminal rehabilitation to ensure future entry to Canada.

    Criminal rehabilitation is an application offered by the Government of Canada to those who are criminally inadmissible to the country and eligible for permanent clearance of past criminal sentencing history. If you have been convicted of a crime or crimes in a foreign country, and it has been more than 5 years since completing your sentence, you are likely eligible to apply.

    A criminal rehabilitation approval granted by the Canadian Government is a permanent fixture which allows indefinite travel in and out of Canada.

    If you have been denied entry to Canada in the past, a Canadian customs agent may suggest a criminal rehabilitation application as a method to ensure no future denials. Once approved for criminal rehabilitation, there is no longer a requirement for a Temporary Resident Permit.

    The typical criminal rehabilitation application processing times are 6-12 months from the submission of your application.

    Criminal Rehabilitation Application Processing Fees

    For non-serious criminality, the Canadian government charges a $200 CAD processing fee.

    For serious criminality, the Canadian government charges a $1,000 CAD processing fee.


    About Campbell Cohen

    Campbell Cohen is one of Canada's leading immigration law firms. We have over 45 years of experience and feature a team of over 60 Canadian immigration attorneys, paralegals, and other dedicated professionals.

    Campbell Cohen uses its expertise to help clients overcome inadmissibility issues. Our team of inadmissibility lawyers and professionals will work to understand your situation and then submit the strongest possible application to Canadian immigration authorities.

    CanadaVisa.com was founded in 1994 as the online presence of Campbell Cohen. Since then, CanadaVisa has grown into one of the world's most trusted resources on immigration to Canada. Please connect with us so we can support your inadmissibility needs.

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