Rehabilitation

Rehabilitation

People who are facing criminal inadmissibility can still hope to enter Canada by applying for criminal rehabilitation. It is in the form of a document, which permits entry with no time restrictions. The Certificate of Rehabilitation serves as proof that the person has no criminal record from the perspective of Canadian Immigration. Rehabilitation allows the person to travel in and out of Canada for an indefinite period without a Temporary Resident Permit.

Considering criminal rehabilitation

Criminal rehabilitation applies to people who have a criminal record outside Canada. The facility of criminal rehabilitation is not available if there is a history of crime within Canada. Established immigration consultants can guide you in the process of applying for Criminal Rehabilitation to permanently resolve criminal inadmissibility depending on the nature of the crime. Following are the options to apply for Criminal Rehabilitation:

  • Deemed rehabilitation – The deemed rehabilitation process is suitable for individuals who have a record of non-serious crimes outside Canada. A person with a history of a non-serious crime can consider (replace it with can be considered) deemed rehabilitated if the period of five years has elapsed after completion of the sentence. The sentence should be for the period less than ten years to qualify for deemed rehabilitation. A non-serious crime implies there is no destruction of property, harm to someone, and use of no weapon.
  • Individual rehabilitation – One needs to apply for individual rehabilitation in case of serious criminality. It is an alternative option for people who do not qualify for deemed rehabilitation because of the seriousness of their crimes. An application for such rehabilitation should explain why a person is eligible for an individual rehabilitation certificate. Needless to mention, the application must accompany all documentary evidence to support the application.

Crimes that may result in criminal inadmissibility

If there is a possibility of criminal inadmissibility, one should carry all records of the criminal history. Immigration officials will recommend deemed or individual rehabilitation by reviewing the criminal records. Following are some crimes that may lead to criminal inadmissibility.

  • Drunk or dangerous driving – Crimes involving driving under the influence of intoxicating substances like alcohol or drugs and reckless driving may lead to denial of entry and inadmissibility at the Canadian border.
  • Fraud or theft – The seriousness of these offenses depends on the amount of money (add the theft involved).
  • Assaults – Crimes that refer to an assault involving physical harm or verbal abuse may lead to criminal inadmissibility as these individuals can be a risk to Canadian citizens.
  • Drug offenses – Canada classifies drugs as per several schedules, and the nature of drug crime depends upon the classification in the Criminal Code of Canada. Drug offenses are common grounds for criminal inadmissibility.

Applying for criminal rehabilitation

Establishing the equivalent crime according to the Canadian Criminal Code is a vital aspect of criminal rehabilitation. The immigration authorities need to understand the equivalent crime to determine whether the crime is of a serious or non-serious nature. The individual rehabilitation process involves thorough scrutiny of records during the review process. The fees to apply for individual rehabilitation are much higher than for deemed rehabilitation.

A duration of five years after completion of sentence, including prison time, probation, community service, or payment of fines qualifies a person for criminal rehabilitation. The facility to seek criminal rehabilitation is not applicable if the crime-free period is less than five years.

In such a case, an individual may consider applying for a Temporary Resident Permit. The equivalent crime in Canada should also be non-serious To establish a crime as being of non-serious nature. Deemed rehabilitation is not allowed for individuals with a record of serious crimes.

Hiring an experienced inadmissibility consultant can help you deal with criminal inadmissibility. Dev Immigration Services Inc (replace it with Dev Immigration) assures support (replace it with assures you get the right support you need ) to apply for criminal rehabilitation if you are facing criminal inadmissibility. Contact us today to know how to eliminate inadmissibility permanently through rehabilitation.

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