Canadian Immigration Lawyer

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

 

What is rehabilitation?

 

Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.

You are eligible to apply for rehabilitation if you have:

  • committed an act outside of Canada and five (5) years have elapsed since the act;
  • been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

 

Eligibility for rehabilitation

 

This section gives a summary of the type of offences and length of rehabilitation periods.

If you were convicted of an offence outside Canada that, if committed in Canada, would be 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.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

  • You are deemed rehabilitated: at least ten years after commission of the offence.
  • You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you 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.

If 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.

Note: To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.

Calculating the five (5) year waiting period

 

The following section explains how to determine the eligibility date for the five (5) year waiting period for different types of sentences.

Suspended sentence: count five (5) years from the date of sentencing.

Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.

Imprisonment without parole: count five (5) years from the end of the term of imprisonment.

Imprisonment and parole: count five (5) years from the completion of parole.

Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.

Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.

Examples of calculating the five (5) year period

The following are three (3) examples of how to calculate the five (5) years waiting period:

Example 1: I was convicted of a crime on December 13, 2002, and received a jail sentence of three (3) months. When will I be eligible to apply for rehabilitation?

You can apply for rehabilitation five years after the end of the sentence imposed. If your three (3) month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.

Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three (3) years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five (5) years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

Example 3: I have one conviction for which I was given three (3) years of probation. Do I apply for rehabilitation after my probation is finished?

No. You are not eligible for rehabilitation until five (5) years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five (5) years after you complete your probation.

 

 

Fees charged by Canadian Immigration

 

Your fees $CAN $USD
Inadmissible on the grounds of criminality $200 $155
Inadmissible on the grounds of serious criminality $1,000 $770

 

 

You can download the necessary forms from the official Immigration website here:

Source as of February 11, 2019 : https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

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