Author: Al Parsai, LL.M, RCIC-IRB
Last Updated On: May 28, 2024

Application for Rehabilitation – Overcoming Criminal Inadmissibility

Application for Rehabilitation:

Huda, a citizen of Bahrain, was an international student in Germany for three years. While she was in Germany, the police arrested her because of fighting with her roommate. Huda had injured her roommate with a china plate. Subsequently, a court in Germany sentenced her to one month in jail. Unfortunately, they eventually deported Huda from Germany about eight years ago after the completion of her sentence. Huda has recently married a Canadian Citizen. Since she wants to immigrate to Canada, Huda wonders if her criminal history could prevent her from moving to Canada. She has heard about the application for rehabilitation, but she is not quite sure what it is and how she could apply.

A criminal history outside Canada could make you inadmissible to Canada. However, if you receive a certificate of rehabilitation, you become admissible again.

What is Inadmissibility?

Canada prevents certain foreign nationals and permanent residents from entering Canada. A person could be inadmissible to Canada because of security, human rights violations, criminality, medical issues, financial issues, misrepresentation, or other reasons. Consequently, you need to resolve inadmissibility, or you won’t be able to immigrate, study, work or visit Canada. If you want to know more about inadmissibility to Canada, read the following article:

What is Criminality?

Criminality refers to any activity that Canada considers criminal. The primary law that lists criminal activities is the Criminal Code of Canada. Nonetheless, other Canadian laws such as the Immigration and Refugee Protection Act (IRPA) include some provisions about criminal activities.

The location of the offence is not important. However, if the activity is a crime in your country but not a crime in Canada, then it does not matter. For example, homosexuality is not a crime in Canada, so it doesn’t matter if it is a crime in your country or not. You need to consult with a criminal lawyer in Canada for official advice on this subject.

We could help!

Criminality versus Serious Criminality

Under Canadian immigration law, serious crime refers to any of the following offences:

  • The maximum penalty is at least ten years under Canadian laws or
  • If committed in Canada, you served more than six months in prison.

For offences outside Canada, the duration of prison time is not important. You only need to look into the equivalency of the crime in Canadian laws. If an activity is not serious, it could be criminality under one of the following conditions.

Summary, Indictable, and Hybrid Offences

Offences in Canada could be indictable or summary.

  • Summary Offences: These are not serious offences. A conviction usually results in fines and a few days of jail time. The maximum prison time for a summary offence is often, but not necessarily, less than six months. Also, there is no right to a jury trial.
  • Indictable Offences: An indictable offence could usually result in long-term prison time.

Sometimes, the law allows an offence to be prosecuted summarily or, by the way, by indictment. Such offences are hybrid offences. Unfortunately, IRPA considers these offences indictable regardless of the way of prosecution.

What is Rehabilitation

Rehabilitation in the context of Canadian immigration means convincing immigration authorities you are not criminally inadmissible due to your past criminal record. This can be achieved through two main ways: deemed rehabilitation or application for rehabilitation.

The Location of Offence

If the offence occurs in Canada, then rehabilitation is not an option. In such circumstances, you need to apply for a Record Suspension. Read the following article for more information:

We could help!

Deemed Rehabilitated

If you are deemed rehabilitated, you may enter Canada freely. In such situations, you do not need to apply for rehabilitation. Deemed rehabilitation applies to offences outside Canada only. You could be deemed rehabilitated under the following circumstances:

  • The offence was not serious criminality. It was a hybrid or indictable offence. You have had only one conviction in your lifetime. The offence was outside Canada. You don’t have any convictions inside Canada. At least ten years have passed since you completed your sentencing or
  • You have multiple summary convictions. You have no hybrid or indictable offences outside Canada. You have no convictions inside Canada. At least five years have passed since you completed your last sentencing.

Read the following article for more information about deemed rehabilitation.

Application for Rehabilitation

If the offence is outside Canada and you do not qualify for deemed rehabilitation, you must apply for rehabilitation if you meet all of the following.

  • You completed your sentence and paid all the fines more than five years ago;
  • You have no convictions inside Canada, or if you do, you have received acquittal or record suspension for them;
  • The offence is not organized criminality or rather part of gang activity, and
  • The offence is unrelated to human rights violations or security (e.g. espionage or terrorism).

To succeed, you need to convince the immigration officer you won’t repeat any criminal offences in the future. You also need to convince them you are not a threat to the safety or security of Canadians. If approved, you will receive a certificate of rehabilitation, and you are free to apply to Canada at any time.

Of course, rehabilitation only lifts your criminal inadmissibility to Canada. If you intend to travel, study, work, or immigrate to Canada, you must meet the requirements accordingly.

Processing Fee for Rehabilitation

You need to pay one of the following processing fees for an application for rehabilitation (updated May 25, 2024).

  • $229.77 Canadian for criminal inadmissibility
  • 1,148.87 Canadian for serious criminality

You do not need to give biometrics for an application for rehabilitation. The processing fees and the need for biometrics are subject to change.

Application for a Temporary Resident Permit

If you completed your sentence or paid the fines less than five years ago, your only option is potentially a TRP. Read the following article for more information.

Inadmissibility due to Other Issues

Rehabilitation is for criminal inadmissibility. If you are inadmissible for other issues, consult a professional about your options.

Hire a Professional!

Application for rehabilitation is a complex process. It could take several months to complete and involves legal arguments. Do not do it yourself! Make sure to hire a professional.

    Welcome! We're here to help you with your immigration concerns. Please provide some initial information to help us understand your situation and guide you better. Your journey towards resolving immigration issues begins here.

    Personal Information

    Full Name (required)

    Email (required)

    Confirm Email (required)

    WhatsApp number (optional)

    Immigration Concerns

    Are you inadmissible to Canada?

    YesNoI don't know

    Have you received a removal order from Canada?

    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?

    YesNoI don't know

    Please explain the issue briefly:

    Additional Resources

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB. Examples of helpful documents include: refusal letters, other correspondence from immigration authorities, etc.

    Your Next Step

    If you prefer to discuss your situation directly, you can book a consultation session with Al Parsai. Please note that the consultation is not free. By submitting this form, you're taking the first step towards receiving professional guidance on your immigration journey. We will review your information and advise if it is best to book a consultation with him.

    We take your privacy seriously. Your information will only be used to assess your situation and to contact you.

    Client Testimonials

    We are proud to have a rating of 4.8/5 based on tens of reviews. Here's what one of many of our satisfied clients had to say about our services:

    A testimonial by a satisfied consultation client.

    You can find more reviews by searching for "Parsai Immigration Services" on Google.

    Related Posts

    Understanding the Roles of Immigration Practitioners in Canada

    Jul 23, 2024

    Business Visitor Entry Under CUSMA for U.S. and Mexican Citizens

    Jul 21, 2024

    Can You Get Express Entry CRS Points with a Trade Certificate?

    Jul 20, 2024

    Navigating Skilled Trades and Licensing in Canada for Immigration

    Jul 18, 2024

    If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai, LL.M, RCIC-IRB

    Al Parsai is a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University (Osgood Hall Law School). A respected member of CICC, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.