Criminal Rehabilitation
What is Criminal Rehabilitation?
- The Criminal Rehabilitation Canada can be referred as a basis to eliminate criminal inadmissibility. According to Canadian immigration law, if you have committed or been found guilty of a crime, you might not be allowed entrance into Canada. This circumstance is known as “Criminal Inadmissibility”. To overcome Criminal Inadmissibility, there are several Crime Rehabilitation Programs to enter Canada.
When can you submit a Canadian Criminal Rehabilitation Application?
You may submit an application for rehabilitation if:
- You have been found guilty outside of Canada and the sentence has been served for five (5) years
- The crime you committed occurred outside of Canada, and five (5) years have passed since the end of the sentence that was given
Determining inadmissibility
Are you inadmissible because of past criminal activity?
In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:
- Was convicted of an offence in Canada;
- Was convicted of an offence outside of Canada that is considered a crime in Canada; or
- Committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.
Have you been charged, discharged or pardoned?
For charges withdrawn or dismissed:
- If the offence occurred in Canada, you are not inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
For an absolute or conditional discharge:
- If the offence occurred in Canada, you are not inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
Pardon granted:
- If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
- If the offence occurred outside Canada, you may be inadmissible.
If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
What do I need to do if my conviction was outside Canada?
If someone has committed the crime outside Canada, then they need to submit certain documents to the Citizenship and Immigration Canada (CIC). The documents you need to submit are:
- A proof of pardon has been granted to you
- Confirmation of your discharge, unconditional or conditional
- A document showing that your accusations have been dropped or dismissed
- A documentation of the legislation with which you were charged
