If you have a criminal conviction from a long time ago and would like to enter Canada, you may have heard that in certain cases, the passage of time can ‘wipe out’ your past criminal history and mean you are no longer criminally inadmissible. While this is certainly true in some cases, there are very particular rules about where it does and does not apply.
This guide sets out everything you need to know about Deemed Rehabilitation, as well as the alternatives available if you do not qualify.
What is Deemed Rehabilitation?
Deemed Rehabilitation is a feature of Canadian immigration law that allows foreign nationals with certain criminal convictions to be considered rehabilitated by the passage of time rather than a more formal application process.
As a result, some people who would have previously been regarded as criminally inadmissible to Canada can become automatically admissible, provided they have the right documentation available to prove their claim of meeting the eligibility requirements.
The amount of time that must pass until you can be deemed rehabilitated is either 5 or 10 years, depending on the nature of your convictions.
On the other hand, if you have serious criminality on your record that would be punishable by imprisonment of a maximum of ten years or more if committed in Canada, you cannot be deemed rehabilitated and would have to pursue other routes to overcome criminal inadmissibility (more on that below).
Eligibility Criteria
Here are the rules for these three categories set out in more detail:
1. Two or more convictions for offenses that, if committed in Canada, would be treated as summary offenses –
The Deemed Rehabilitation rules mean your convictions will be judged according to their equivalents in Canadian law. The exact equivalents that are used to determine each individual case will be decided by Canadian immigration officials.
Summary offenses are less serious than indictable offenses and are roughly, but not always, equivalent to misdemeanor and felony categorizations.
Examples of Relevant Offenses – Causing a disturbance, public nuisance, joyriding, dining and dashing, trespassing, some fraud offenses, unlawful assembly, and public nudity.
Time Until Deemed Rehabilitated – At least 5 years after the sentences imposed were served.
2. Conviction for an indictable offense that, if committed in Canada, would be punishable by a maximum term of less than 10 years imprisonment –
This means any indictable offense (according to Canadian law) where the maximum possible punishment if committed in Canada would be less than 10 years imprisonment.
Examples of Relevant Offenses: some drug possession, production, and trafficking offenses, some weapons and firearms offenses, bail or probation violations, theft, and some DUIs (before December 2018).
Time Until Deemed Rehabilitated: at least 10 years after completion of the sentence imposed.
3. Conviction for an indictable offense that, if committed in Canada, would be punishable by a maximum term of 10 years or more imprisonment –
This means any offense that could potentially be punished by 10 years or more imprisonment if it were committed in Canada, even if the actual sentence that was imposed on you at the time was less than 10 years.
Examples of Relevant Offenses – Murder, terrorism, manslaughter, passport forgery, bribery of public officials, some weapons and firearms offenses, aggravated assault, most sex offenses, human trafficking, organ trafficking, theft (over $5000), arson, drug production, serious drug trafficking, impaired driving, DUI, DWI, dangerous or reckless driving (causing bodily harm).
Time Until Deemed Rehabilitated – Not eligible for Deemed Rehabilitation.
More Guidance
- In general, to be eligible for Deemed Rehabilitation, your crimes must not have involved any serious property damage, physical harm to any person, or any type of weapon.
- If you have convictions for more than one indictable offense on your record, you would also not be eligible for Deemed Rehabilitation, regardless of the maximum imposable sentence.
- The 5 or 10-year waiting period to be Deemed Rehabilitated starts when all parts of the criminal sentence imposed have been completed, including imprisonment, payment of fines, parole, probation, community service, and driving prohibitions.
Deemed Rehabilitation for DUI Convictions
You might be surprised that impaired driving offenses such as DUI, DWI, and wet reckless are included in the last, most serious category of criminality above.
It demonstrates how seriously Canadian law now treats these kinds of offenses and means anyone who has been convicted of them since December 2018 is criminally inadmissible to Canada, regardless of how much time has passed since.
If you received one of these convictions after December 2018, the only way to legally enter Canada would be to obtain either a Temporary Resident Permit or Criminal Rehabilitation to resolve your criminal inadmissibility.
“Grandfathered” Deemed Rehabilitation
In December 2018 a range of new impaired driving laws came into effect in Canada for offenses such as DUI and DWI as a result of Bill C-46. Before the changes, these crimes were punishable by a maximum of 5 years imprisonment and therefore allowed for Deemed Rehabilitation after a period of 10 years.
This is no longer the case – drunk driving and driving under the influence of drugs are now punishable by a maximum of 10 years imprisonment, meaning anyone convicted since the changes could not qualify for Deemed Rehabilitation.
If, however, you have a single DUI conviction from before the changes came into effect, you could still be Deemed Rehabilitated 10 years after the completion of your sentence.
Those with 2 or more DUIs would still not be able to be Deemed Rehabilitated, regardless of whether they took place before or after the changes in law.
Deemed Rehabilitation Application Process
If you think you are a foreign national who qualifies for Deemed Rehabilitation and live in the US, you can travel to a Canadian Port of Entry and ask to be assessed free of charge, without prior arrangement.
You will need to bring along evidence relating to your claim of being rehabilitated. Immigration officials from the Canada Border Services Agency will review them at the Canadian border and decide whether you can indeed be deemed rehabilitated and, therefore, allowed to enter Canada.
If you live further away, you can also travel to a Port of Entry without prior approval, but the small risk of being turned away could mean visiting a Canadian visa office beforehand is more convenient. You can ask to be assessed by your local Canadian embassy, high commission, or consulate free of charge.
Legal Opinion Letter
A legal opinion letter can sometimes be used to support your claim of deemed rehabilitation. It is a letter written by a Canadian immigration lawyer that summarizes your previous criminal record and the reasons why you are eligible for Deemed Rehabilitation.
How Dogen Law Can Help
If you would like to enter Canada but have a criminal record that could make you inadmissible, seeking guidance from a Canadian immigration lawyer can help to clarify the options available in your unique circumstances.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Resident Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
FAQs – Quick Answers
How long after a DUI can you go to Canada?
If you were convicted of driving while under the influence after December 2018, you cannot become eligible for Deemed Rehabilitation. The only alternative to resolve your criminal inadmissibility would be to apply for a Temporary Resident Permit or Criminal Rehabilitation.
If you were convicted before December 2018, you can still apply through those two routes but would also automatically qualify for Deemed Rehabilitation when 10 years have passed since you completed your sentence.
Can you enter Canada with a DUI from 10, 15, or 20 years ago?
If you have a single DUI from before December 2018, you can be Deemed Rehabilitated by the passage of time 10 years after completing your sentence. If you have more than one offense on your criminal record or got a DUI conviction after December 2018, you would not be eligible for Deemed Rehabilitation and would instead have to obtain a Temporary Resident Permit or Criminal Rehabilitation.
TRPs can be applied for straight after conviction, but the Criminal Rehabilitation application process requires 5 years to have passed since you completed your last sentence.
How long after a felony can you go to Canada?
It varies depending on the felony convictions you have on your record and whether you can successfully obtain a TRP or Criminal Rehabilitation.
If you have a single felony conviction that would be punishable by a maximum of less than ten years if committed in Canada, you would automatically be Deemed Rehabilitated 10 years after completing the sentence that was imposed.
Seeking help from a Canadian immigration law firm such as Dogen Law can help clarify the options available to you and the likelihood of lodging a successful application for a TRP or Criminal Rehabilitation.
