Each year tens of thousands are refused entry to Canada, or have an application refused by Canadian immigration, due to criminal inadmissibility. Being criminally inadmissible to Canada means you are not allowed to enter the country for any reason, without special authorization from Canadian immigration (see Temporary Residence Permit). Criminal rehabilitation, is an application process whereby a person requests absolution from the Government of Canada, for the purposes of Canadian immigration, for a particular crime(s) committed in a foreign country. The criminal rehabilitation process only applies to those who have committed offenses outside of Canada. For offenses committed in Canada, click here. Once an application for criminal rehabilitation has been approved by Canadian immigration, the person can no longer be found inadmissible to Canada for that offence.
In order to be eligible for criminal rehabilitation there are three criteria:
1. Committed an act outside of Canada that would constitute an offence under a Federal statute
2. Been convicted of, or admit to committing the act
3. Five years must have passed since all sentences have been completed, including jail, fines and probation
The most crucial consideration is establishing the equivalent offence in Canada. It does not matter how lightly or severely a given crime is treated in the country where it occurred. What is important is the gravity of the offense, as per Canada’s federal penal code. Finding the Canadian federal equivalent involves a textual analysis of the statute of the foreign offense, compared to Canadian federal legislation. Once the equivalence has been established, it is important to determine the maximum sentence imposable by law, this will determine the type of criminal rehabilitation required. If you were convicted of one non-serious offence and more than 10 years have passed since the completion of your sentence, you may be deemed rehabiliatated and criminal rehabilitaiton will not be required. If you are not sure if your offence constitutes serious or non-serious criminality, ask FWCanada.
To find out how the offence you have been convicted of may affect your Canadian admissibility call us or send us a message.
Non-Serious Criminality
If the maximum sentence for the Canadian offence is ten years or less, the offence is considered to be non-serious criminality.
Serious criminality
If the maximum sentence for the Canadian offence is ten years or more, the offence is considered to be serious criminality.
About FWCanada:
As one of the most trusted Canadian immigration law firms, FWCanada will ensure that your application receives impeccable attention to detail. Our mission is to provide high quality legal services, in a transparent and efficient manner. Unfortunately, fraudulent and ineffective practice exists in most industries and Canadian immigration is no exception. Only lawyers who are members in good standing of a Canadian bar association, or members of the Canadian Society of Immigration Consultants are legally authorized to represent clients for the purposes of Canadian immigration. As the legal representative of all FWCanada clients, Attorney Marisa Feil has distinguished herself as a respected authority on Canadian immigration law. She is frequently contacted by government officials and other Canadian immigration lawyers for her expertise.
For more information, please contact FWCanada, Tel: 855-316-3555; Email: [email protected]; [email protected]
Web: http://www.canadianimmigration.net
Follow us on Twitter: @fwcanada
