CRIMINAL REHABILITATION
Criminal Rehabilitation for Canada
A criminal conviction in a country outside Canada makes you criminally inadmissible, and any application — permanent residence, a visitor visa, a work permit — can be refused on that ground.
CRIMINAL REHABILITATION
What is a Criminal Rehabilitation application?
Under Canadian immigration law, a criminal conviction in a country outside Canada makes you inadmissible, and any application — permanent residence, a visitor visa, a work permit — can be refused on that ground.
If you meet certain conditions, however, Criminal Rehabilitation lets you clear a past criminal record and restore your eligibility to enter Canada.
OFFENCE TYPES
Offence types under Canadian immigration law and their effect on entry
Note: hybrid offences may be treated as indictable offences under Canadian immigration law, so a rehabilitation application is often required.
| Offence type | Description | Effect on entry |
|---|---|---|
| Indictable Offence | A serious offence: punishable by two years or more of imprisonment (for example theft or a sexual offence) | Entry not possible without a rehabilitation application |
| Hybrid Offence | May be prosecuted as either an indictable or a summary offence (for example simple assault) | Usually treated as indictable — a rehabilitation application is recommended |
| Summary Offence | A minor offence: dealt with by simplified procedure (for example causing a disturbance while intoxicated) | Entry may be possible without a rehabilitation application in some cases, but caution is needed |
ELIGIBILITY
Eligibility for a rehabilitation application
All of the following conditions must be met before you can apply. With a fine, for example, you may apply once five years have passed since the fine was paid in full; where a sentence was suspended, five years must have passed since the end of the suspension.
Note: these are general guidelines. The outcome of an assessment can differ depending on the offence, the disposition at the time and your present circumstances.
- You were convicted of a criminal offence in a country outside Canada
- At least five years have passed since every part of the sentence (imprisonment, fines, probation and so on) was fully completed
WHY AN EXPERT
Why professional help matters
- For the same offence, whether you can enter Canada varies considerably with how Canadian immigration law is interpreted.
- Proceeding without professional help can lead to serious consequences: a refused permanent residence application, denial of entry, or removal from Canada.
- Analysing the equivalency of your record under Canadian law, interpreting how the criminal law applies, responding to IRCC and preparing thoroughly reviewed documents all call for professional experience and judgement.
OUR APPROACH
How SP Consulting approaches rehabilitation applications
-
Equivalency analysis under Canadian law
We map the disposition you received in Korea onto Canadian criminal law to establish precisely how it affects your admissibility.
-
Assessment based on real approved cases
Drawing on the approvals we have obtained, we assess the likelihood of acceptance or refusal before you apply.
-
A response strategy built around IRCC criteria
We assemble the documents and build the response strategy around the criteria IRCC applies in its assessment.
A happier move to Canada, made together with SP Consulting.
Ask us anything about immigrating to Canada. We treat every client’s move as if it were our own.