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Do you have a criminal record and wish to enter Canada? You may be eligible for Criminal Rehabilitation.
Under Canada’s federal immigration legislation, the Immigration and Refugee Protection Act, individuals applying for temporary or permanent residence may be considered inadmissible to Canada if they have a criminal history. It may be possible to overcome that inadmissibility, however, through a record suspension and/or criminal rehabilitation.
If you have a criminal conviction in Canada, you must seek a record suspension (formerly referred to as a pardon) from the Parole Board of Canada. In order to be considered for a record suspension, a specified period of time must have elapsed since the end of the sentence imposed. The usual waiting period is 10 years for indictable offences and 5 years for summary convictions.
If you have convictions/offences outside of Canada, you are eligible to apply for criminal rehabilitation if you have:
(*If at least ten years have elapsed since conviction/commission of an indictable offence or five years have elapsed since conviction for two or more summary convictions, then you may be deemed rehabilitated. In such circumstances, you will not be required to apply for criminal rehabilitation; however, it may be prudent to seek an assessment of deemed rehabilitation by the consulate, High Commission or embassy in your area prior to seeking entry to Canada)
If you have convictions in Canada and convictions/offences outside of Canada, both a record suspension and criminal rehabilitation will be required to overcome inadmissibility.
If, pursuant to the rules listed above, you are eligible to apply for criminal rehabilitation, then you will have to submit a detailed form and supporting documentation to Citizenship and Immigration Canada (CIC). The supporting documentation includes copies of:
You will also be required to submit original documentation of:
With respect to a criminal history outside of Canada, if:
then you may still be considered inadmissible to Canada. You will still be required to submit the above-noted documentation, and/or any other relevant documentation, to CIC so that an officer may determine whether or not you are inadmissible to Canada.
The VisaPlace Group of Lawyers (VPGs) and their staff are all independent, licensed practitioners who understand how important it is for to you to achieve your immigration goals and have been trained to follow best practices and procedures to maximize your chances of success! Although seeing a TRP can be challenging in regards to a criminal past, we will do all we can to fulfill you immigration goals.
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