Deemed Rehabilitation Canada: All You Need To Know

Rehabilitation in this context is the act of returning someone to a good, healthy, or normal life or condition. Some crimes you commit can restrict your entrance to Canada. If the reason a person is inadmissible to Canada is not a serious conviction, let’s say you have been in prison for less than 10 years, you are eligible to be deemed rehabilitated. This is one way one can be able to enter Canada after being convicted by law.

Canadian Deemed Rehabilitation

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What is Deemed Rehabilitation?

A person can be deemed rehabilitated after ten years have passed since you have been convicted of a crime. That means that you are considered to be absolved of your crimes for the purposes of entering Canada. This depends on the kind of crime committed, crimes that have to do with hurting anyone, destroyed any property or involved a weapon might not be overlooked.

The IRCC and CBSA officers consider a person with a criminal record deemed rehabilitated under the following circumstances:

  • Deemed rehabilitated for indictable offences (commission or conviction)
    • Only one offence outside Canada,
    • The offence is criminality, and
    • More than ten years have passed since the completion of the sentence.
  • Deemed rehabilitated for summary offences (conviction)
    • All the offences are summary offences and
    • More than five years have passed since the completion of the sentence for the last offence.

As you can see, there is no deemed rehabilitation for serious criminality.

Criteria For Deemed Rehabilitation

Been convicted outside Canada of an act that if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of fewer 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.

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.

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.

Also See: DUI VS DWI: What’s The Difference?

Where Can I Be Assessed For Deemed Rehabilitation?

Assessment for deemed rehabilitation is performed in Canadian visa offices and ports of entry. US citizens can only be assessed for deemed rehabilitation at a Canadian port of entry.

Can Non-US Citizens Be Assessed For Deemed Rehabilitation At A Canadian Port Of Entry?

Non-US citizens can be assessed for deemed rehabilitation at a Canadian port of entry. However, it may be a better idea to be assessed at the visa office that has jurisdiction over the region you live in because if you are deemed rehabilitated, you will not be allowed to enter Canada and you will have wasted the trip.

How To Apply For Deemed Rehabilitation Assessment By A Canadian Visa Officer?

If you want to apply for deemed rehabilitation assessment, you need to fill out an application for Rehabilitation

  • Form IMM 1444 Application for Criminal Rehabilitation;
  • Make sure you check the box number two in section A – the one that says “for information only”;
  • Send your application to the Canadian visa office in charge of your area.

What Happens After I Send My Application For Deemed Rehabilitation To A Canadian Visa Office?

After you have sent your application for Criminal Rehabilitation to the Canadian visa office in charge of your area, your application will be reviewed by an officer. You will receive further instructions on necessary documents and what to do next after your application is reviewed.

How Much Does The Assessment For Deemed Rehabilitation By A Canadian Visa Office Cost?

The assessment of your application for deemed rehabilitation is performed by Canadian visa officers free of charge, you do not have to pay a dime.

I Wasn’t Deemed Rehabilitated By A Canadian Visa Office. What Should I Do?

If a Canadian visa office assessed your application for deemed rehabilitation and turned it down, you still have the option of applying for rehabilitation; however, the onus is on you to prove you have been rehabilitated to the government’s satisfaction when you apply for rehabilitation.

How To Get Assessed For Deemed Rehabilitation At A Canadian Port Of Entry?

If you want to be assessed for deemed rehabilitation at a Canadian port of entry, you need to:

  • Get to a Canadian port of entry;
  • Bring all of the necessary documents;
  • Ask the immigration officer for an assessment.

What Are The Eligibility Criteria For Deemed Rehabilitation At A Canadian Port Of Entry?

To be eligible to apply for deemed rehabilitation at a Canadian port of entry, you need to meet the following criteria:

  • You have committed only one crime, or have had only one conviction;
  • A minimum of ten years has passed since you have completed all of your sentences;
  • The crime you were convicted for is not considered a serious crime in Canada,
  • The crime you were convicted for did not involve physical harm, serious property damage or weapons.

What Documents Do I Need To Bring When Seeking Deemed Rehabilitation At A Canadian Port Of Entry?

If you are trying to be deemed rehabilitated at a Canadian port of entry, you need to have with yourself the following documents:

  • A passport or a birth certificate, as well as a photo ID;
  • Copies of all your court documents for your conviction;
  • Proof that you have served your sentence;
  • A recent criminal record check;
  • A recent police certificates from the country you were convicted in, and every country you have lived in for at least six months in the last ten years.

Can I Enter Canada If I Am Deemed Rehabilitated?

Although deemed rehabilitation may remove your criminal inadmissibility to Canada, you still need to conform to all of the regular prerequisites to entering Canada, such as having a visa if you need one.

What Happens If I Am Not Deemed Rehabilitated At A Canadian Port Of Entry?

If your request to be deemed rehabilitated at a Canadian port of entry is not accepted, you will still be inadmissible to Canada. You can apply for rehabilitation at the Canadian visa office that has jurisdiction over your area.

When Can I Apply For Rehabilitation In Order To Be Able To Enter Canada?

To be able to apply for rehabilitation so you can have your criminality grounds for inadmissibility waived, you need to wait at least five years after committing or being convicted of committing a crime.

How To Apply For Rehabilitation In Order To Overcome Criminal Inadmissibility To Canada

If you want to overcome your criminal inadmissibility to Canada by applying for rehabilitation, you need to:

  • Gather necessary documents,
  • Fill out the required forms,
  • Pay the application processing fee,
  • Submit your application package to the Canadian visa office in charge of your area.

Conclusion

Hiring representatives in Canada to help you with this process will make it easier and faster for you. Points to remember, it must be up to ten years since the completion of your sentence, you must 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 you should 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.

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