Visa Desk

What is rehabilitation?

If you have any previous criminal record, you may be inadmissible which means you may not enter Canada. You should demonstrate to an immigration officer that you are not likely to become involved in any new criminal activity.

 

If you have committed or been convicted of a crime outside Canada, you may be eligible for individual or deemed rehabilitation to enter Canada.

 

Regarding individual rehabilitation, at least 5 years must have passed at least 5 years since your sentence ended and you may be eligible to apply for rehabilitation.

 

Regarding deemed rehabilitation, it has been at least 10 years since completing all imposed sentences for a conviction. It means you finished probation, fines, and any related conditions that were imposed. In this case, you may not need to submit an application in order to be deemed rehabilitated. However, it is wise that you better declare any criminal history in a proper manner.

 

 

Required Documents for Rehabilitation:

+ Criminal record of conviction;

+ Statute and section number of conviction;

+ Translated copy of the section or the statute at issue and other documents;

+ Disposition: finding of guilt, conviction, acquittal, discharge, stay, pardon;

+ Factual background of the offence (court transcripts or police reports) and the sentence; 

+ Objective confirmation of the facts should always be sought through court documents;

+ Explanation letter (Statutory Declaration);

+ Equivalence Test (Comparison of Foreign Law and Canadian Law)

 

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The following considerations may assist when an officer review your case:

1. Whether you have a minimal offence history (only and first offence in your life);

2. Whether you have social and vocational skills (stable employment history);

3. Whether you have counseling or therapy to attain rehabilitation (external assistance);

4. Whether you prove establishment in the community (new or positive social group);

5. Whether you demonstrate a fair degree of comfort with a criminal lifestyle (effort to leave);

6. Whether you have had patterns of long-term involvement with criminal activities (continuous involvement) ;

7. Whether you have had numerous changes in residence and inability to provide consistent financial support (efforts to change);

8. Whether you have stability in employment, education, family life and living situation (stable lifestyle);

9. Whether the crimes are generally motivated towards material gain;

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If you have previous criminal records and require rehabilitation, please contact us at (416) 803 8829 or jlimmigrationca@gmail.com