Entering Canada with a Criminal Conviction? Not Without Rehabilitation.

Criminal Rehabilitation for Admissibility into Canada

Overview

Under Canada’s Immigration and Refugee Protection Act, individuals seeking to enter Canada may be denied and deemed inadmissible for past criminal charges or criminal convictions. Generally, an individual will be considered to be criminally inadmissible if they:

1. Were convicted of an offense in Canada;

2. Were convicted of an offense outside of Canada that is considered a crime in Canada; or

3. Committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

In addition, Canadian law may deem an individual inadmissible if the offense occurred outside of Canada and the charges were either withdrawn or dismissed, the individual received an absolute or conditional discharge, or a pardon was granted. For individuals convicted as a juvenile or young offenders, they will be deemed inadmissible if they:

1. Were convicted in adult court in a country that has special provisions for young offenders; or

2. Were convicted in a country that does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada.

Overcoming Criminal Inadmissibility

For any individual convicted of or who committed a criminal offense outside Canada, criminal inadmissibility may be overcome either by:

1. Applying for rehabilitation, or;

2. If at least ten years have passed since an individual completed the sentence imposed, or since the offense was committed, if the offense is one that would, in Canada, be an indictable offense punishable by a maximum term of imprisonment of less than ten years.

If the offense is one that would be prosecuted summarily in Canada, and if an individual was convicted for two (2) or more such offenses, the period of rehabilitation is at least five (5) years after the sentences imposed were served or are to be served. Individuals with a criminal conviction in Canada must seek a record suspension (i.e. a pardon) from the Parole Board of Canada before being admissible to Canada.

Rehabilitation and Eligibility Requirements

Under Canadian law, rehabilitation is a term used to state that there are no grounds for criminal inadmissibility. Rehabilitation means that an individual leads a stable lifestyle and that they are unlikely to be involved in any future illegal activity. An individual is eligible to apply for rehabilitation if they have:

1. Committed an act outside of Canada and five (5) years have elapsed since the act;

2. Been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

For any conviction of an offense outside Canada that, if committed in Canada, would be an indictable offense (i.e. a felony) punishable by a maximum term of imprisonment of less than ten years:

· Deemed rehabilitated: at least ten years after completion of the sentence imposed.

· Eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

For any offense committed outside Canada that, if committed in Canada, would be an indictable offense (i.e. a felony) punishable by a maximum term of imprisonment of less than ten years:

· Deemed rehabilitated: at least ten years after committing the offense

· Eligible to apply for rehabilitation: five (5) years after committing the offense.

Contact Kustra & Bloom, if you need help seeking admission to Canada after a criminal conviction.