Criminal Rehabilitation for the persons who were found inadmissible to Canada
This process is for people who were found inadmissible to Canada because of past criminal activity and who wish to overcome the inadmissibility in order to obtain temporary or permanent admission to Canada.
Please note that as of March 13th 2012 the previously used term “pardon” has been replaced with the term “record suspension” in the Criminal Records Act (CRA) under Bill C-10.
People who have criminal convictions in Canada can apply to the Parole Board of Canada (PBC) for a record suspension (formerly a pardon).
Application for individual rehabilitation can be submitted if at least five years have passed since completion of criminal sentence. People ineligible for approval of rehabilitation because of not enough time has passed since that can complete the application form and check “For Information Only.” An officer will decide whether special permission for temporary admission is warranted.
In order to be eligible for criminal rehabilitation the following criteria should be met:
1. The person has committed an act outside of Canada that would constitute an offence under a Federal statute
2. The person has been convicted of, or admits to committing the act
3. Five years must have passed since all sentences have been completed, including jail, fines and probation
It is very important to properly establish the equivalent offence in Canada. Regardless of how the gravity of crime is deemed in the country where it was committed. Essential thing is the gravity of the offense, as per Canada’s federal criminal code. Once the equivalence has been established, it is important to determine the maximum sentence imposable by law, this will determine the type of criminal rehabilitation required. The person convicted of one non-serious offence and more when 10 years have passed since the completion of sentence, may be deemed rehabilitated and criminal rehabilitation Canada will not be required.
If less than ten years have elapsed since the completion of the sentence and the person has more than one conviction on a record, it is necessary to apply for criminal rehabilitation, if the person wishes to come to Canada to visit, work or immigrate. If ten years have passed from the completion of the sentence and there is only one conviction on a record, the person would likely be deemed rehabilitated simply by the passage of time. However, individuals with more than one conviction on their record will NEVER be deemed rehabilitated by the passage of time and an application for criminal rehabilitation is required.
For criminal rehabilitation applications involving non-serious criminality, the processing times are considerably faster and the processing fees are considerably less ($200 CAD) than they are for serious criminality.
The procedure for applying for criminal rehabilitation is the same whether or not the offence constitutes serious or non-serious criminality. It is in the manner in which the application is processed at the Canadian visa office that distinguishes the two.
Offence, where the maximum prison sentence in Canada is ten years or more, is considered to be serious criminality. The maximum prison sentence is the only consideration for determining the severity of the offence in Canada. Serious criminality requires an application for criminal rehabilitation, as a person can NEVER be deemed to be rehabilitated through the simple passage of time. Majority of offences that constitute serious criminality, for the purposes of Canadian immigration, are those that involve bodily injury, damage or a weapon.
The processing fees are higher ($1000 CAD) and processing times are longer, for applicants with serious with criminality.