Individuals with past criminal charges or convictions may be found inadmissible to Canada under the Immigration and Refugee Protection Act (“IRPA”). Criminal inadmissibility can affect temporary residents, permanent residence applicants, visitors, workers, students, and even long-term residents seeking to re-enter Canada.

In many cases, it may be possible to overcome criminal inadmissibility through criminal rehabilitation, deemed rehabilitation, a Temporary Resident Permit (“TRP”), or other legal remedies.

Gerami Law PC assists clients with criminal rehabilitation applications, criminal inadmissibility assessments, Temporary Resident Permit applications, and related immigration matters involving criminal records inside or outside Canada.

What Is Criminal Rehabilitation?

Criminal rehabilitation is a process through which a person asks Canadian immigration authorities to determine that they are no longer inadmissible because of past criminal activity.

If approved, criminal rehabilitation can permanently overcome criminal inadmissibility for the offences covered by the application.

The Government of Canada explains that rehabilitation may be available where a person can demonstrate that they have been rehabilitated and are unlikely to commit further offences. (canada.ca)

Who May Need Criminal Rehabilitation?

A person may be considered criminally inadmissible for:

  • convictions outside Canada;
  • offences committed outside Canada;
  • certain criminal convictions in Canada;
  • impaired driving offences;
  • assault-related offences;
  • theft or fraud offences;
  • drug-related offences; or
  • multiple convictions or charges.

Canadian immigration authorities assess foreign convictions by comparing them to equivalent Canadian offences. The immigration consequences can vary significantly depending on:

  • the type of offence;
  • the maximum penalty under Canadian law;
  • the sentence imposed;
  • the number of offences; and
  • when the sentence was completed.

Eligibility for Criminal Rehabilitation

In most cases, a person may apply for individual criminal rehabilitation only after at least five years have passed since the completion of all parts of the sentence, including:

  • jail or imprisonment;
  • probation;
  • fines;
  • restitution payments;
  • driving prohibitions; and
  • community service requirements.

IRCC explains that the five-year period generally begins only after the entire sentence has been completed. (canada.ca)

Determining the exact eligibility date can be complex, particularly where there are multiple convictions, foreign offences, probation orders, or driving-related suspensions.

Deemed Rehabilitation

In some situations, a person may qualify for “deemed rehabilitation,” meaning enough time has passed that they may no longer be considered inadmissible without filing a formal rehabilitation application.

Eligibility for deemed rehabilitation depends on several factors, including:

  • the number of offences;
  • the seriousness of the offence under Canadian law;
  • the date the sentence was completed; and
  • whether the offence would be punishable in Canada by a maximum sentence of less than ten years.

The Government of Canada states that deemed rehabilitation is only available in limited circumstances and may not apply to more serious offences. (canada.ca)

Temporary Resident Permits (TRPs)

Where a person is not yet eligible for criminal rehabilitation, it may still be possible to apply for a Temporary Resident Permit (“TRP”).

A TRP may allow a person to enter or remain in Canada temporarily despite criminal inadmissibility where there are compelling reasons justifying entry.

TRP applications often involve balancing:

  •  the purpose of travel or entry;
  • the seriousness of the offence;
  • evidence of rehabilitation;
  • risk to Canadian society; and
  • humanitarian or compassionate considerations.

Evidence in Criminal Rehabilitation Applications

Criminal rehabilitation applications require detailed supporting documentation. Depending on the case, evidence may include:

  • court records and sentencing documents;
  • police certificates;
  • proof that all sentences were completed;
  • personal statements;
  • employment and education records;
  • evidence of rehabilitation and community involvement;
  • character reference letters;
  • medical or counselling records where relevant; and
  • evidence explaining the surrounding circumstances of the offence.

Careful preparation is important because immigration authorities will assess both the legal admissibility issues and whether the applicant demonstrates genuine rehabilitation.

Criminality and Immigration Applications

Criminal inadmissibility issues may arise in many immigration contexts, including:

  • visitor visa applications;
  • work permits;
  • study permits;
  • permanent residence applications;
  • sponsorship applications;
  • refugee claims; and
  • border entry examinations.

In some cases, individuals may not realize they are inadmissible until they are refused entry to Canada or receive a procedural fairness letter from immigration authorities.

How We Can Help

Gerami Law PC assists clients with:

  • criminal inadmissibility assessments;
  • criminal rehabilitation applications;
  • deemed rehabilitation assessments;
  • Temporary Resident Permit applications;
  • review of foreign criminal convictions and Canadian equivalency;
  • preparation of supporting evidence and legal submissions;
  • procedural fairness responses relating to criminality; and
  • strategic advice regarding immigration applications affected by criminal records.

Criminal inadmissibility issues can be legally complex and highly fact-specific. Early legal advice is important to assess eligibility, identify the strongest available remedy, and avoid unnecessary refusals or delays.

CONTACT US TODAY!