GLOBE IMMIGRATION

Overcoming criminal inadmissibility is possible through rehabilitation, a process that considers various factors such as the nature of the offense, the time elapsed since its occurrence, and the individual’s conduct post-conviction. Successful rehabilitation hinges on meeting specific criteria and convincing Canadian authorities of the individual’s reformation and commitment to lawful behavior.

There are two pathways for rehabilitation:

1. Deemed Rehabilitation: Deemed rehabilitation occurs when sufficient time has passed since the commission of a crime that carries a jail term of fewer than ten years (or less than five years, depending on the offense). No formal application is required, but individuals must demonstrate to Canadian officials that adequate time has elapsed since the last offense.

2. Criminal Rehabilitation: Individual rehabilitation involves a formal application process and assesses the individual’s likelihood of reoffending. Applicants must demonstrate meeting relevant criteria, rehabilitation efforts, and a low risk of future crimes. Additionally, at least five years must have passed since completing the criminal sentence, including probation, and since the commission of the original offense.

For convictions outside Canada, individuals can seek criminal rehabilitation if five years have elapsed since the conviction, release from jail, completion of probation or community service, or payment of fines.

Record Suspension (Pardon) for Convictions/Offenses in Canada:

Individuals with criminal convictions in Canada must obtain a record suspension (formerly known as a pardon) from the Parole Board of Canada (PBC) to regain admissibility to Canada.

Crimes Requiring Criminal Rehabilitation in Canada

Certain offenses necessitate individuals to undergo Criminal Rehabilitation in Canada. Here are the most common ones:

1. Driving Offenses Involving Drugs or Alcohol:

• OWI (Operating While Intoxicated)
• OUI (Operating Under the Influence)
• OMVI (Operating a Motor Vehicle While Intoxicated)
• DUI (Driving Under the Influence)
• DWI (Driving While Impaired or Intoxicated)
• DWAI (Driving While Ability Impaired)
• DWUI (Driving While Under the Influence)
• Reckless driving

2. Fraud:

• Theft or any offense intending to deprive another individual, company, or organization of their rightful ownership.
• Severity depends on the monetary value involved. Theft under $5,000 is non-serious, but fraud exceeding this amount, especially if accompanied by violence or weapon use, is considered serious.

3. Assault:

• Includes verbal or physical disputes between individuals, regardless of the presence of a weapon.

4. Drug Offenses:

   • Sale, distribution, consumption, purchase, or possession of drugs.
   • Severity varies based on factors such as the type and quantity of drugs involved.

Given the complexity and severity of these offenses, it’s advisable to seek guidance from an experienced immigration attorney to navigate the Criminal Rehabilitation process effectively. Contact us today for expert assistance.