If you have a criminal record and would like to visit Canada, the Criminal Rehabilitation process can ensure you won’t be refused entry. Without going through this process or a similar one, immigration laws dictate that you could be deemed criminally inadmissible and turned back when presenting at a Port of Entry, such as an airport or land border crossing.
Dogen Law is a Canadian immigration law firm that focuses on helping those with criminal inadmissibility issues successfully navigate this application process. Read on to learn more about getting started as a US citizen or other foreign national.
Criminal Rehabilitation Application Process
One of the most important things you need to know about the Criminal Rehabilitation process is that it can take a long time. You should start the process as soon as possible after you have decided you would like to visit or immigrate to Canada, as the Canadian government tends to take 6-18 months to decide on each case.
An application that involves non-serious criminality tends to be dealt with quicker, whereas more complex cases involving serious criminality usually take longer. However, bear in mind that since 2018, Canada has regarded drunk driving and other impaired driving offences as serious crimes.
Eligibility
To be eligible to apply for Criminal Rehabilitation, at least five years must have passed since you completed your sentence. This includes any additional conditions such as probation or parole that you had to complete as part of your sentencing.
You will be asked by the Canadian Government to show that the five years has passed, and also that you now have a stable lifestyle, permanent home, steady employment, and good character.
Choosing the Right Canadian Immigration Lawyer
Proving that you are rehabilitated in the ways mentioned above means putting together a considerable amount of paperwork, including a personal statement and letters of reference from professionals or public officials who know you. Having the right Canadian immigration attorney on your side can significantly simplify and expedite this process.
Dogen Law stands out from other law firms in this area because our primary focus has always been helping those with a criminal record overcome inadmissibility to Canada. When it comes to Criminal Rehabilitation, our in-depth knowledge of the whole process from start to finish, as well as what specifically has led to success in the past, allows us to help maximize your chances of lodging a successful application.
Is it Worth Hiring an Attorney for a Canadian Rehabilitation Application?
Being advised by a Canadian attorney with extensive experience in immigration law is advantageous in several ways. Together, we can ensure that your application has been tailored to your unique circumstances and has the best chance of timely success.
- Accuracy: Ensuring comprehensive and accurate information in your application is crucial to avoiding knockbacks and delays. We can also help give you an idea of what exactly immigration officials will be looking for in your personal statement and letters of reference.
- Authorized Representatives: As authorized representatives with Immigration Canada, Dogen Law can communicate directly with the Canadian government on behalf of our clients, ensuring that any hiccups or additional information requirements are dealt with quickly and properly.
- Up-to-date Knowledge: We stay current on current trends and processing times to give our clients the most realistic time estimates for their individual cases.
Documents Needed
Before applying for Criminal Rehabilitation or a temporary resident permit, you should make sure you have collected all the relevant documents. This includes photocopies of:
- Your passport photo page
- Court documents showing each court judgment made against you
- The foreign laws under which you were charged or convicted
And the following original documents:
- A criminal clearance from the police authorities in all countries you have lived for 6 consecutive months or longer since you were 18 years old
- A state certificate for each US state you have lived in for 6 consecutive months or longer since you were 18 years old
- A national FBI certificate (for people who have lived in the US)
A Canadian immigration lawyer can help you obtain all the necessary documents and ensure that they will be accepted for processing by Canadian immigration authorities. This will help to avoid unnecessary delays when applying for Criminal Rehabilitation, which often takes six months or more.
Alternatives to Canadian Criminal Rehabilitation
Deemed Rehabilitation
If more than 10 years have passed since you completed the sentence for your crimes – including probation, fines, and any other conditions that were imposed – you may be eligible for deemed rehabilitation and, therefore, not need to submit a full Criminal Rehabilitation application. In cases where you have two or more summary convictions (roughly equivalent to a misdemeanor conviction) rather than a felony, only five years must have passed.
You are eligible to apply for deemed rehabilitation in cases where your crimes:
- Would have a maximum prison term of less than 10 years if committed in Canada
- Are not considered serious criminality in Canada
- Did not involve any serious property damage, physical harm to any person, or any type of weapon
If you live in the US and meet these conditions, you can travel to a Canadian Port of Entry and ask to be deemed rehabilitated without prior arrangement. You must ensure that you bring all documents related to your criminal history to prove your claim of being rehabilitated. Those who live outside the US can visit their nearest Canadian consulate for an assessment free of charge.
If you follow this route, it’s important to remember that you can still be denied entry to Canada. The decision on whether you will be granted entry will ultimately be made by the Canada Border Services Agency when you present at the border. Only a successful Criminal Rehabilitation or Temporary Resident Permit application can ensure you won’t be deemed criminally inadmissible when you arrive at the Canadian border.
Temporary Resident Permit
A Canadian Temporary Resident Permit (TRP) is an authorization attainable through application, granting an individual entry into the country for a predetermined amount of time. This permit’s validity typically lasts for your intended visit to Canada. For example, if you plan to attend a one-week conference, your TRP will span precisely that duration. A Canadian immigration attorney who has past experience with successful TRP applications can be a big help when pursuing this route to overcoming inadmissibility.
TRP Processing Time
Canadian immigration officials usually process TRP applications more quickly than Criminal Rehabilitation applications. You can expect to receive a decision in 1-8 months, with around 4 months being the most common time frame. This makes it an attractive option for those who need a fast decision to attend a specific event or work placement.
How Dogen Law Can Help
At Dogen Law, we have extensive experience guiding clients with a criminal record through the complexities of the Criminal Rehabilitation process in Canada. If you would like to get started with your application, get in touch today by completing our free assessment form. If you still have questions about the process, you can also call our helpline for a free consultation.
With experienced Canadian immigration lawyers on your side, you can rest assured that you will have the best possible chance of success and receive a response from Canadian immigration authorities as soon as possible.
Appeals
If you’ve faced a negative decision in your immigration application, we can also help you appeal the decision before the Immigration and Refugee Board (IRB) or the Federal Court, enhancing your chances of a positive result.
