Do I have to apply for deemed rehabilitation, or is it automatic?

No application is required, but you must prove your eligibility to a border officer . Because this decision is discretionary, travellers often bring a legal opinion letter . Some travellers are not comfortable with a legal opinion letter because it’s at the officer’s discretion, and if the officer decides negatively, your travel plans are disrupted. In this instance, we can apply for a process called the Determination of Admissibility, which is where we make the case to the Government of Canada that you can enter Canada freely in advance, giving you peace of mind.

Does deemed rehabilitation apply to serious criminality?

No , if you are inadmissible to Canada on the grounds of serious criminality, you will never be eligible for deemed rehabilitation by passage of time. However, you are eligible to apply for Criminal Rehabilitation after five years have passed since the day of the completion of your most recent sentencing for the most recent offence.

How do I know if I have a criminal record?

Criminal history reports from other countries and states are required for the Criminal Rehabilitation application. Request a United States federal background report.

What happens if I’m not eligible for deemed rehabilitation?

If you are not eligible for deemed rehabilitation, there are other options available to you. If you are travelling to Canada for a clear purpose and for a short period of time, you are eligible to apply for a Temporary Resident Permit . On the other hand, if it has been more than five years since the completion of the most recent sentencing of your most recent offence(s), you may be eligible to apply for Criminal Rehabilitation.

What if I received a pardon?

You may still be inadmissible to Canada if your conviction was pardoned. You must provide an officer with complete details of all charges, convictions, court dispositions, pardons, copies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

Can I reapply for Criminal Rehabilitation if my application is denied?

Yes . If IRCC refuses your application, you can submit a new application after addressing the issues that caused the refusal.

Why was my Criminal Rehabilitation refused?

The most common reason for refusal of a Criminal Rehabilitation application is due to failure to prove to the Canadian Border Service Agency officer that you are rehabilitated. You may need to gather stronger evidence of good character, such as letters from employers in good standing, certificates of completion of rehabilitation programs (e.g., alcohol addiction management programs for past DUI convictions ), and proof of volunteer work. Your application could also be denied for other reasons, such as missing documents, inconsistencies in your application, or that not enough time has passed since the offence.

How long is a Criminal Rehabilitation letter valid?

A Criminal Rehabilitation letter is a permanent solution to criminal inadmissibility, and it is valid indefinitely until there is a change in your criminal history record (new conviction, final verdict from a pending charge, etc.). There is no expiration date for an approved criminal rehabilitation, and it is valid for multiple entries into Canada.

Can I travel to Canada while my Criminal Rehabilitation application is being processed?

It depends . You must acquire a Temporary Resident Permit for the time that you are travelling into Canada, even if you have already applied for a Criminal Rehabilitation. If a decision has not been made yet by the IRCC, you are still criminally inadmissible .

What are my chances of being approved for Criminal Rehabilitation with Canadim’s assistance?

Working with our experienced, specialized immigration lawyers will improve the quality of your application and, in turn, increase your chances of approval. We can help assess your criminal record and provide a detailed quality assessment of your application. Contact us for a consultation to evaluate your options and gain expert legal advice.

Criminal Rehabilitation Canada

A Canadian border officer can refuse entry to anyone with a criminal record, even if the offence occurred outside Canada. If you are considered criminally inadmissible to Canada, you may not be allowed to enter the country.

Fortunately, there are solutions that can help you overcome criminal inadmissibility and regain the ability to travel to Canada.

There is a temporary solution called a Temporary Resident Permit (TRP) that allows entry into Canada, provided there is a strong reason to do so. However, if you want a permanent solution that allows hassle-free travel to Canada, you will need to apply for Criminal Rehabilitation.

What is a Criminal Rehabilitation Application?

A Criminal Rehabilitation application is a request you submit to the Government of Canada asking to be considered rehabilitated after a criminal conviction outside Canada.

If your application is approved, Canadian immigration authorities will determine that you are no longer criminally inadmissible, allowing you to travel freely to Canada without needing a permit each time you enter.

Criminal Rehabilitation is considered a permanent solution, provided you do not commit any new offences.

Who is Eligible for Criminal Rehabilitation?

To qualify for Criminal Rehabilitation, you must meet the following requirements:

You committed an offence outside Canada that would be considered a crime under Canadian law
You were convicted of the offence or admitted to committing it
At least five years have passed since you completed your entire sentence, including:
- Jail time
- Fines
- Probation
- Community service

If the crime occurred in Canada, you must instead apply for a Record Suspension (pardon) through the Parole Board of Canada.

Immigration Tip 💡

Criminal Rehabilitation applications can take 12 to 18 months or longer to process.

If you need to travel to Canada urgently, you may be able to apply for a Temporary Resident Permit (TRP) while your rehabilitation application is being processed.

What Crimes Require Criminal Rehabilitation?

Below is a list of common offences requiring an application for Criminal Rehabilitation to travel to Canada freely.

Note that five years must have passed since the full sentence or sentences were completed, including jail time, fines, and probation.

Impaired and Reckless Driving Offences

Driving under the influence (DUI)
Driving while impaired (DWI)
Dangerous driving
Reckless driving

Since December 18, 2018, impaired driving convictions are considered serious criminality under Canadian immigration law, which makes entry to Canada more difficult.

Drug Charges

Drug-related convictions can also result in criminal inadmissibility, including:

Possession
Consumption
Purchase
Trafficking or distribution

The seriousness of the offence depends on factors such as:

The type of drug
The amount
The intent (personal use vs distribution)

Fraud and Theft

Fraud and theft convictions may also lead to criminal inadmissibility.

For example:

Theft under $5,000 is typically considered non-serious criminality
Theft over $5,000 may be considered serious criminality

Assault

Assault is generally considered a serious offence in Canada.

However, some minor assault cases without bodily harm or weapons may fall under non-serious criminality, depending on the circumstances.

Note: In some cases, an applicant can be deemed rehabilitated through the passage of time for less serious offences.

Even if you believe your conviction would not pose a problem for Canadian immigration, it is still advisable to request a consultation with a legal professional for guidance on how to avoid hassle-free travel.

Serious vs. Non-Serious Criminality in Canada

Canadian immigration law distinguishes between serious criminality and non-serious criminality.

Non-Serious Criminality

Non-serious criminality refers to offences that would carry a maximum prison sentence of less than 10 years in Canada.

Individuals with non-serious criminality may be eligible for:

Criminal Rehabilitation
Deemed Rehabilitation (after sufficient time has passed)

Serious Criminality

Serious criminality refers to offences that would carry a maximum prison sentence of 10 years or more in Canada.

Individuals with serious criminality:

Cannot qualify for Deemed Rehabilitation
May apply for Criminal Rehabilitation after five years have passed since completing their sentence

What is Deemed Rehabilitation (by the Passage of Time)?

In some cases, individuals may be considered rehabilitated automatically through the passage of time. This is known as Deemed Rehabilitation.

You may qualify if:

The offence is considered non-serious criminality
At least 10 years have passed since the completion of your sentence
You have not committed any additional offences

However, the final determination is at the border officer’s discretion.

Note: Individuals with DUI convictions after December 18, 2018, are not eligible for Deemed Rehabilitation and must apply for Criminal Rehabilitation.

Immigration Tip 💡

Even if you qualify for deemed rehabilitation, a legal opinion letter from an immigration lawyer can help reduce the risk of being refused entry at the border.

How to Apply for Criminal Rehabilitation in Canada?

The Criminal Rehabilitation application process requires submitting a detailed application package to Immigration, Refugees and Citizenship Canada (IRCC).

Because the process is complex, even small mistakes or missing documents can result in processing delays or refusal.

Documents Required for Criminal Rehabilitation

Criminal Rehabilitation application forms
Government processing fee receipt
Copy of passport
Personal statement explaining the circumstances of the offence and evidence of rehabilitation
Court records showing:
- Charges
- Legal section violated
- Verdict
- Sentencing details
Police reports related to the offence
FBI background check (for U.S. citizens)
Police certificates from all countries where you lived for six months or longer since age 18
Letters of reference demonstrating good character

Additional documents may be required depending on the circumstances of your case.

How Long Does it Take to Get a Criminal Rehabilitation?

Processing times typically range from:

12 to 18 months

However, applications involving serious criminality may take longer.

How Much Does an Application for Criminal Rehabilitation in Canada Cost?

Government processing fees for Criminal Rehabilitation are:

$239.75 CAD for non-serious criminality
$1,199 CAD for serious criminality

These fees are non-refundable, even if your application is rejected. The fees, which are subject to change, can be paid directly on the IRCC website here.

The receipt after paying this fee must be included in your criminal rehabilitation application package and is required to process your application.

Criminal Rehabilitation vs. a TRP

Both Criminal Rehabilitation and a Temporary Resident Permit (TRP) can allow you to enter Canada with a criminal record, but they serve different purposes.

Temporary Resident Permit (TRP)

Temporary solution
Faster processing
Requires a valid reason to travel to Canada
May allow travel before five years have passed