Are you inadmissible to Canada?

Are you unable to travel to Canada?

Possible Solutions:

  1. Apply for a Criminal Rehabilitation.
  2. Request a Temporary Resident Permit.

We can help you at Nouri Law. Our office has helped many clients since 9/11.

Common Question: Is a simple DUI grounds for inadmissibility? Answer: Yes.

Can I travel to Canada with my past DUI conviction? No; you are inadmissible. However, we can facilitate and guide you to clear your records to make your travel to Canada a possibility.

Overcoming criminal inadmissibility (see below for more in-depth information)

Entering Canada

What does “criminally inadmissible” mean?

This term describes people who are not allowed to enter or stay in Canada because they have committed or been convicted of a crime. That crime may have occurred in or outside Canada.

Can I enter Canada if I am criminally inadmissible?

Normally, you cannot enter or stay in Canada if you are considered inadmissible. However, there are ways of overcoming your criminal inadmissibility.

If you are inadmissible, you may become admissible again if you:

Can prove to an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated.

Deemed rehabilitation under the Immigration and Refugee Protection Act means that enough time has passed since your conviction that you are considered absolved of your crime.
Consideration for being “deemed rehabilitated” depends on:

  • The crime you were convicted of.
  • Whether the required amount of time has passed since you completed the sentence imposed for your crime.
  • If you have been convicted of more than one crime.

In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Determining inadmissibility

Are you inadmissible because of past criminal activity?

In general, a temporary resident or applicant applying for permanent residency is considered to be criminally inadmissible if the person:

  • was convicted of an offense in Canada; and/or
  • was convicted of an offense outside of Canada that would be considered a crime in Canada; and/or
  • committed anact outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

Note: In order to determine inadmissibility, foreign convictions and laws are deemed equal to Canadian law and apply as if they had occurred in Canada.

Have you been charged, discharged, or pardoned?

If you have been charged, discharged, or pardoned, this chart will help you determine if you are inadmissible:

Charges Withdrawn or Dismissed

  • Offense Occurred In Canada
    • You are not inadmissible.
  • Offense Occurred Outside Canada
    • You may be inadmissible.*

Absolute or Conditional Discharge

  • Offense Occurred In Canada
    • You are not inadmissible.
  • Offense Occurred Outside Canada
    • You may be inadmissible.*

Pardon Granted

  • Offense Occurred In Canada
  • Offense Occurred Outside Canada
    • You may be inadmissible.*

* You must provide an officer with complete details of charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

Were you convicted as a juvenile?

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if:

  • you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence; or
  • you were treated as a young offender in a country which has special provisions for young offenders; or
  • you were convicted in a country which does not have special provisions for young offenders, but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if:

  • you were convicted in adult court in a country that has special provisions for young offenders; or
  • you were convicted in a country which does not have special provisions for young offenders, but the circumstances of your conviction are such that you would have been treated as an adult in Canada.

Overcoming criminal inadmissibility

  1. Convictions/offenses outside Canada

If you were convicted of or committed a criminal offense outside Canada, you may overcome this criminal inadmissibility by:

  • applying for rehabilitation;or
  • you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you or since you committed the offense. This applies if the offense is one that would, in Canada, be an indictable offense punishable by a maximum term of imprisonment of less than ten years.

If the offense is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offenses, you may be deemed rehabilitated if at least five (5) years have passed since you completed the sentences imposed or since you committed the offense.

  1. Convictions/offenses in Canada

If you have a criminal conviction in Canada, you must seek a pardon from the National Parole Board of Canada before you will be admissible to Canada. Do not complete the forms in this guide. You can request a Pardon Application Guide or additional information from:

Clemency and Pardons Division, National Parole Board
410 Laurier Avenue West
Ottawa, Ontario, Canada
K1A 0R1
Telephone: 1-800-874-2652 (Callers in Canada and the United States only)
Fax: 1-613-941-4981
Website: www.pbc-clcc.gc.ca/prdons/pardon-eng.shtml
(The instructional guide and application forms can be down loaded from the website)

In order to be considered for a pardon under the Criminal Records Act, a specified period of time must pass after the end of the sentence imposed. The sentence may have been payment of a fine, a period of probation, or imprisonment. The usual waiting period for offenses:

  • if prosecuted by indictment is five (5) years.
  • if punishable on summary conviction is three (3) years.

Once you have a copy of the pardon, send a photocopy to a Canadian visa office or Citizenship and Immigration Centre. If you are traveling to Canada, carry a copy of the pardon with you.

If you have had two or more summary convictions in Canada, you may no longer be inadmissible if:

  • at least five (5) years have passed since all sentences imposed were served or to be served, and
  • you have had no other convictions.

See Table 1 for a summary of the type of offenses and length of rehabilitation periods.

  1. Convictions in Canada and convictions/offenses outside of Canada

If you have convictions in Canada and convictions/offenses outside of Canada, both an approval of rehabilitation and a pardon are required to overcome your inadmissibility.

Note: Your request for rehabilitation cannot be made until you have first obtained a pardon, except if you have only one summary conviction in Canada. In such instances, you may submit an application for rehabilitation for any convictions/offences outside Canada if you can provide evidence that you have submitted an application for a pardon to the National Parole Board.

Table 1 – Eligibility for rehabilitation

The following table gives a summary of the type of offenses and length of rehabilitation periods.

1 The person must not have committed or been convicted of any other indictable offense.

Conviction or offense Rehabilitation period
When deemed rehabilitated1 When eligible to apply for rehabilitation
Conviction of an offense outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years At least ten years after completion of the sentence imposed Five years after completion of the sentence imposed
Commission of an offense outside Canada that, if committed in Canada, would be an indictable offense punishable by a maximum term of imprisonment of less than ten years At least ten years after commission of the offence Five years after commission of the offense
Conviction or commission of an offense outside Canada, that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more Not applicable Five years from completion of the sentence or commission of the offense
Conviction for two or more offenses outside Canada that, if committed in Canada, would constitute summary conviction offences At least five years after the sentences imposed were served or to be served Not applicable
Conviction for two or more summary conviction offenses in Canada At least five years after the sentences imposed were served or to be served Must apply for a pardon
Conviction for two or more indictable offenses in Canada Not applicable Must apply for a pardon

Eligibility for rehabilitation

What is rehabilitation?

Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.

Are you eligible to apply for rehabilitation?

You are eligible to apply for rehabilitation if you have:

  • committed an act outside of Canada and five years have elapsed since the act;
  • been convicted outside of Canada and five years have passed since the end of the sentence imposed.

As there are different types of sentences, use the following formulas to calculate the five-year waiting period.

Suspended Sentence

Determining the Eligibility Date: Count five years from the date of sentencing.

Suspended Sentence with a fine

Determining the Eligibility Date: Count five years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.

Imprisonment without Parole

Determining the Eligibility Date: Count five years from the end of the term of imprisonment.

Imprisonment and Parole

Determining the Eligibility Date: Count five years from the completion of parole.

Probation

Determining the Eligibility Date: Probation is part of the sentence. Therefore, count five years from the end of the probation period.

Driving Prohibition *You are prohibited by the Criminal Court from driving.

Determining the Eligibility Date: Count five years from the end date of the prohibition.

The following are three examples of how to calculate the five years waiting period:

Example 1: I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?

You can apply for rehabilitation five years after the end of the sentence imposed. If your three-month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.

Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s license taken away from me for three years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s license is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

Example 3: I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?

No. You are not eligible for rehabilitation until five years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five years after you complete your probation.

For more examples of how to calculate the five-year waiting period please go to:
http://www.cic.gc.ca/english/visit/

Coming to, or remaining in Canada without approval of rehabilitation

If you need to come to Canada, but cannot apply for rehabilitation because five years have not passed since the end of the sentence imposed or you are not eligible to apply for a pardon for convictions in Canada, you may ask an officer for special permission to enter or remain in Canada. Complete the Application for Criminal Rehabilitation, but check the box that states, “For Information Only.” Attach the documents outlined in the Document Checklist. After reviewing the form and looking at the nature of the offenses, number of offenses, when they happened and your current situation, the officer may:

At Canadian visa offices outside of Canada

  • advise that they do not recommend that you travel to Canada;or,
  • advise that you could apply for special permission (temporary resident’s permit) to enter Canada.*

At Ports of Entry (airport, marine or land)

(Contact your nearest Canadian visa office before traveling to Canada.)

  • advise that you will not be allowed to enter Canada and ask you to return immediately to your country of departure;
  • take enforcement action (arrest, detention and/or removal);or,
  • advise that you could apply for special permission (temporary resident’s permit) to enter Canada.*

In Canada

  • ask that you leave Canada voluntarily;
  • take enforcement action (arrest, detention, and/or removal from Canada);or
  • advise that you could apply for special permission (temporary resident’s permit) to remain in Canada.*

*There will be processing fees for applications for special permission to come into or remain in Canada. You will be advised of the processing fees at the time, or you can refer to http://www.cic.gc.ca/english/information/fees/index.asp for further details.

 

Completing your application

You must provide truthful and accurate information. The information provided may be verified. Providing false or misleading information will likely result in a refusal of your application and may permanently bar your admission to Canada.

As most of the form is self-explanatory, supplementary instructions have only been provided where necessary. Attach a separate sheet of paper if you need more space and indicate the section, number and title of the question you are answering.

Section A

  1. 1. If you have determined that you are eligible to apply for rehabilitation, put a check mark in the box.
  2. 2. If you are not eligible to apply, talk to us. We will evaluate your case and guide you in the process.

Section B

  1. Print your name as it appears in your passport or on your travel document or other valid identity document. Do not use initials; print names in full. For people living in the People’s Republic of China, also print names in pin yin.
  2. State your date of birth in the following format: Day/Month/Year.
  3. If you are a citizen of more than one country, print the names of all the countries.
  4. Print all the names that you have ever used, including different spellings of your name. Explain what these names are, example, Maggie – nickname, Smith – previous married name, Leroux – birth/maiden name, Smith, John – change of name on 11 August, 2000, Chicago, IL, USA.
  5. If applicable, type your e-mail address using a format similar to the following:

Note: By indicating your e-mail address, you are hereby authorizing transmission of correspondence including file and personal information to be sent electronically to you at the address provided.

  1. Print a list of offenses that you have committed. Include the name of the offense, the name and section of law, the date of your conviction, the city, province/state/county and country where it occurred, and the sentence that was imposed. If you were not convicted of the offense, print “no conviction” and enter the date of the offense instead of the date of the conviction, and include the date the courts dealt with your case and the disposition (i.e. not guilty, dismissed).
  2. Describe the events that led to your committing the offense(s). Include a description of your actions, explain if weapons, drugs or alcohol were involved, why you did it, and how your actions affected others (specify any physical or emotional injuries). Be clear, concise and complete.You must complete this question in detail.
  3. If you are applying to come to Canada as a temporary resident, indicate the dates of your proposed travel and describe the purpose of your trip.

If you are in Canada, state the date of your arrival in Canada and describe the purpose of your trip.

If you are applying to live in Canada permanently, indicate what type of application you will make, i.e. spouse or parent of a Canadian citizen or permanent resident, business person, refugee, skilled worker, etc. Print the names of all your immediate family members in Canada.

  1. Write down why you consider yourself rehabilitated. Provide as much information as possible, e.g. attended drug rehabilitation program, employment history, community service, etc.You must complete this question in detail.
  2. Read this section carefully and sign the form.

Paying the processing fee

If you are applying for approval of rehabilitation from within Canada:

Follow the instructions on the form (IMM 5310) (PDF, 80 KB)

If you are applying for approval of rehabilitation from outside Canada:

If the Fees for Immigration Services, Approval of Rehabilitation (IMM 5310) is attached, follow the instructions on the form. If it is not attached, you may refer to the Canadian visa office responsible for the area in which you live.

(see http://www.cic.gc.ca/english/information/offices/apply-where.asp)

Are processing fees refundable?

Processing fees are not refundable regardless of the final decision on your application. If your application is refused and you decide you want to apply again, a new processing fee will be required.

What if you do not pay enough money or enclose too much money?

If you do not enclose the required fee or if your credit card payment is refused, your application will not be processed. It will be returned to you with a letter requesting the correct payment. If you pay too much money, your application will be processed and a refund for the overpayment will be mailed to you within four (4) to six (6) weeks after the refund request is processed.

 

Submitting your application

In Canada: Mail your application to the Canada Immigration Centre responsible for your area. Addresses may be obtained by contacting the Call Centre at:  http://cciottawa.ca/about-us/contact-us-locations/#ContactUs

Outside Canada: Mail your application to the Canadian visa office that has jurisdiction for the area in which you live. Addresses may be obtained by consulting your local telephone directories at:

http://www.cic.gc.ca/english/information/offices/apply-where.asp

What happens next?

Upon receipt of your application an officer will review it and any supporting documents. If you are eligible to apply, the officer will make a positive or negative recommendation and forward the application to the authority who can approve or refuse applications for rehabilitation. For less serious offenses, the authority is usually the manager of the local office. For more serious offenses, the Minister of Citizenship and Immigration will make the decision.

The following are some of the factors that will be taken into consideration when your application is reviewed:

  • the number of offenses and the circumstances and seriousness of each offense;
  • your behaviour since committing the offense(s);
  • your explanation of the offenses and why you are not likely to re-offend;
  • any support you receive from your community;
  • why you think you are rehabilitated and
  • your present circumstances.

Note: The authority who approves or refuses applications for rehabilitation does not have to follow the recommendation made by the immigration officer.

Applications for rehabilitation can take over a year to process. You will be advised in writing of the decision made on your application.

Receiving approval to overcome a criminal inadmissibility is only one part of determining whether or not you can enter or remain in Canada. Once you have been approved for rehabilitation, you will need to meet the requirements for applicants seeking entry as a temporary resident or permanent resident.

 

Individual rehabilitation

Rehabilitation means that you lead a stable life and that you are not likely to commit new crimes.

If you are not eligible to be deemed rehabilitated you must apply for individual rehabilitation to enter Canada. To apply, at least five years must have passed since you completed all your criminal sentences (this includes probation). You must submit a rehabilitation application to the Canadian visa office in your area and pay a processing fee. You should also check the visa office website to see if they have any special requirements.

Note: Applications for rehabilitation can take over a year to process, so make sure you plan far enough in advance.

Pardon or discharge

If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website at: http://pbc-clcc.gc.ca. If you were granted a Canadian pardon for your conviction, you are no longer inadmissible because of that conviction.

If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you at: http://www.cic.gc.ca/english/information/offices/index.asp to find out if the pardon is considered valid in Canada. This will help ensure you do not travel to Canada only to be refused entry or subject to other enforcement action.

Temporary resident permit

If it has been less than five years since the end of your sentence, and/or if you have exceptional circumstances, you may be eligible to be issued a temporary resident permit allowing you to enter or remain in Canada.

Temporary resident permits

If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.

To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.

There is no guarantee that you will be issued a temporary resident permit. If you would like to receive a permit, you will have to pay a processing fee, which is not refundable.

A permit is usually issued for the length of your visit to Canada—for example, one week to attend a conference. You must leave Canada by the expiration date of the permit, or get a new permit before your current one expires.

Please note that this permit may be cancelled by an officer at any time. The permit is no longer valid once you leave Canada, unless you have specifically been authorized to leave and re-enter.

How to apply

If you are a citizen of a visa-exempt country (To determine that please visitwww.cic.gc.ca/english/visit/visas.asp for a list), the visa office responsible for your country or region may have its own application form for temporary resident permits. Otherwise, you should submit an application for a temporary resident visa along with supporting documents to explain why you are inadmissible and why it may be justified for you to enter Canada.

Note: You may have to attend an interview so that an officer can assess your application.

Fees

You must pay a fee (C$200) to cover the cost of processing your application for a temporary resident permit. The fee will not be refunded if the permit is refused. Check the visa office website for specific payment instructions.

What is Deemed Rehabilitated?

You may also be offered a temporary resident permit if

  • your reason to travel to Canada is justified in the circumstances;and
  • you do not pose a risk because of your inadmissibility.

Visits considered justified could include family emergencies or business conferences. Pleasure trips are normally not considered justified in the circumstances. For exceptions, see below.

What is the new policy on criminal inadmissibility?

Normally, if you have been convicted of an offense, such as mischief or driving under the influence, you cannot enter Canada without a permit that has a processing fee of C$200. However, in line with Canada’s Federal Tourism Strategy, Citizenship and Immigration Canada and the Canada Border Services Agency may now make it easier for you to enter Canada.

Starting March 1, 2012, you may be able to get a temporary resident permit for one visit without having to pay the C$200 processing fee. To be considered under this policy, you must

  • have served no jail time,and
  • have committed no other acts that would prevent you from entering Canada.

Who is eligible under the new policy on criminal inadmissibility?

You may be eligible for the fee waiver if you:

  • have been convicted of an eligible offense (or its equivalent in foreign law);
  • have servedno jail time;
  • have committed no other acts that would prevent you from entering Canada;and
  • are not inadmissible for any other reason.

What types of convictions are eligible for the fee waiver under the new policy?

Eligible convictions include those equivalent to criminal offenses under the Immigration and Refugee Protection Act (IRPA), Section 36(2). However, convictions for child pornography or any sexual offence are not included.

The equivalent convictions vary from country to country. Among others, they include:

  • driving under the influence of alcohol;
  • public mischief;or

All serious criminal offences, defined under Section 36(1) of IRPA, are not eligible. Among others, they include:

  • robbery;
  • fraud over C$5000;or
  • assault causing bodily harm.

Why are you waiving the fees once under the new criminal inadmissibility policy?

A one-time fee waiver will allow you to continue your trip without paying the C$200 fee.

We want to help make you aware of Canada’s admissibility rules, while making your travel easier.

If you are inadmissible, you may become admissible again if you:

As an inadmissible person, can I enter Canada more than once without paying the fee?

The fee for a standard (single-entry) permit will only be waived once.

If you want to come to Canada again, you should look at ways of overcoming your inadmissibility. If applicable, you could apply for individual rehabilitation before your trip.

I was only convicted of a misdemeanor. Why can’t I enter Canada?

To consider your admissibility to Canada, Canadian officials assess your crime according to Canadian laws. They look at the nature of the offense, how long ago the act took place and whether any sentences were imposed. A misdemeanor offense in the United States is not automatically considered an equivalent offense in Canada. The final decision about your admissibility rests with the immigration or border services officer.

How can I find out whether an offense outside Canada is considered a criminal offense in Canada?

This is a complex task as it involves comparing Canadian and foreign laws. While there are many pieces of Canadian legislation containing criminal offences, the vast majority can be found in the Criminal Code Please see http://laws-lois.justice.gc.ca/eng/acts/C-46/ or the Controlled Drugs and Substances Act.

I was charged with a crime in another country and found not guilty. Can I enter Canada?

Yes, as long as you are not inadmissible for any other reason. When a court in any country decides that you are not guilty of committing a crime, you are not criminally inadmissible for that crime and you can likely enter and stay in Canada.

I received a pardon for my crime. Can I enter Canada?

It depends. If you received a Canadian record suspension or pardon (as it was formerly called), you are no longer inadmissible because of that conviction and can likely enter Canada.

If you received a pardon or discharge from another country, check with us if the country is the US or Canada. Other countries? We could assist you in obtaining your records.

I was convicted of driving under the influence of alcohol or drugs. Can I enter Canada?

It depends. If you have been convicted of driving under the influence, you are criminally inadmissible to Canada. However, you may be eligible for individual or deemed rehabilitation, depending on how much time has passed. Under some circumstances, you may also be offered a fee-exempt temporary resident permit for one visit to Canada under CIC’s new policy on criminal inadmissibility.

I have been charged with a crime outside of Canada and my trial is still underway. Can I enter Canada?

No. If your trial is still underway, you are criminally inadmissible at this time and likely cannot enter Canada.

I am currently on parole. Can I enter Canada?

No. If you want to come to Canada, you must apply for individual rehabilitation at least five years after your parole ends.

Rehabilitation

What does it mean to be “rehabilitated”?

A rehabilitated person is someone who satisfies an immigration officer that they are not likely to become involved in any new criminal activity. If you have committed or been convicted of a crime outside Canada, you may be eligible for individual or deemed rehabilitation to enter Canada.

For individual rehabilitation, you will most likely be asked to show that:

  • it has been at least five years since your sentence ended, including any period of parole or probation;and
  • you have
    • a stable lifestyle,
    • a permanent home,
    • employment, and
    • letters of reference about your good character, which would show that new crimes are not likely to be committed.

If you are outside Canada, send your application for rehabilitation to the nearest visa office. If you are in Canada, send your application to the nearest Citizenship and Immigration Canada office. You can use the same application in or outside Canada.

For deemed rehabilitation, at least 10 years must have passed since completing all imposed sentences for a conviction. This includes probation, fines, and any other conditions that were imposed. You do not need to submit an application to be deemed rehabilitated and there are no costs involved. If all the requirements are met, you would be admissible to Canada.

For more information, see Overcoming criminal inadmissibility.

How long will it take to get a decision on my individual rehabilitation application?

Applications can take over a year to process. Make sure you plan your visit in advance.

What is the processing fee for an individual rehabilitation application?

The processing fee is either C$200 or C$1,000. It depends on the seriousness of the crime. When you apply, you will pay C$200. Citizenship and Immigration Canada will tell you later if you need to pay more.

If my individual rehabilitation application is refused, will I get my processing fee back?

No. The processing fee is not refundable, whether your rehabilitation application is approved or not. If your application is refused and you apply again, you will have to pay a new processing fee.

When can I apply for individual rehabilitation?

You can apply for rehabilitation if:

  • you committed a crime outside Canada (for which you were not charged) over five years ago;or
  • you were convicted of a crime outside Canada and your sentence ended at least five years ago.

Here are some examples.

In 1989, I was convicted of driving under the influence in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

An immigration or border services officer may find you rehabilitated under a system called deemed rehabilitation. This system applies to people who, in most cases, have one previous conviction over 10 years ago. If an immigration officer deems you rehabilitated, you will likely be allowed to enter Canada, as long as you meet all other requirements.

On June 3, 2003, I was convicted of driving under the influence and had my driver’s license taken away for three years. When can I apply for rehabilitation?

Your sentence—which included the period your license was suspended—ended on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s license was reinstated. That shows you can apply for rehabilitation on June 3, 2011.

I was convicted of a crime on December 13, 2002. I received a jail sentence of three months. When can I apply for rehabilitation?

You can apply for individual rehabilitation five years after the end of your sentence. If your three-month jail sentence ended on March 13, 2003, you have been eligible to apply for rehabilitation since March 13, 2008, unless other terms—such as parole or probation—were imposed on your sentence. On March 13, 2013, you may be eligible for deemed rehabilitation.

I have one conviction, for which I am serving three years of probation. Can I apply for rehabilitation after my probation ends?

Yes, but you must wait five years after your sentence ends. Since your sentence includes probation, you can apply for individual rehabilitation five years after you complete your probation.

What can I do if I want to come to Canada but do not qualify for rehabilitation?

You may be able to receive a temporary resident permit, if you can show that:

  • your reason to travel to Canada is justified in the circumstances; and
  • you do not pose a risk because of your inadmissibility.

This permit would allow you to enter or stay temporarily in Canada.

Let us help you to submit your request correctly and expeditiously with our legal expertise. It would be our pleasure to assist you!