If you are inadmissible in Canada because of a past criminal offence, you may obtain temporary or permanent entry after applying for criminal rehabilitation.
A foreign national is considered inadmissible in Canada if he or she has been convicted of any of the following:
i) inside Canada : for having been convicted of an indictable offence, or convicted of two offences under any Act of Parliament not arising out of a single occurrence
ii) outside Canada: for having been convicted of or have only committed an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or having been convicted of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament
Unless there has been a pardon or an acquittal, or unless the individual is considered as deemed rehabilitated, the individual may apply for rehabilitation.
A) A person that has been convicted outside Canada of no more that one offence that, if committed in Canada, would constitute an indictable offence may be considered deemed rehabilitated if the following conditions are met:
• the offence is punishable in Canada by a maximum term of imprisonment of
less than 10 years,
• at least 10 years have elapsed since the day after the completion of the
imposed sentence,
• the person has not been convicted in Canada of an indictable offence under
an Act of Parliament,
• the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than
one summary conviction offence before the last 10 years, other than an
offence designated as a contravention under the Contraventions Act or an
offence under the Youth Criminal Justice Act,
• the person has not within the last 10 years been convicted outside Canada
of an offence that, if committed in Canada, would constitute an offence under
an Act of Parliament, other than an offence designated as a contravention
under the Contraventions Act or an offence under the Youth Criminal Justice
Act,
• the person has not before the last 10 years been convicted outside Canada
of more than one offence that, if committed in Canada, would constitute a
summary conviction offence under an Act of Parliament, and
• the person has not committed an indictable offence
B) If the person committed an offence outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences if all of the following conditions apply, namely,
• at least five years have elapsed since the day after the completion of the
• imposed sentences,
• the person has not been convicted in Canada of an indictable offence under
an Act of Parliament,
• the person has not within the last five years been convicted in Canada of an
offence under an Act of Parliament, other than an offence designated as a
contravention under the Contraventions Act or an offence under the Youth
Criminal Justice Act,
• the person has not within the last five years been convicted outside Canada
of an offence that, if committed in Canada, would constitute an offence under
an Act of Parliament, other than an offence designated as a contravention
under the Contraventions Act or an offence under the Youth Criminal Justice
Act,
• the person has not before the last five years been convicted in Canada of
more than one summary conviction offence under an Act of Parliament, other
than an offence designated as a contravention under the Contraventions Act
or an offence under the Youth Criminal Justice Act,
• the person has not committed an indictable offence
Similar conditions will apply if the person has committed (not convicted) an indictable offence outside Canada.
If the individual is not deemed rehabilitated, he may apply for rehabilitation simultaneously with the application for a temporary visa or with an permanent resident via.
It is important that the documentary evidence demonstrate that the applicant is either rehabilitated or that he is deemed rehabilitated, whichever applicable.
Bellemare & Vinet Attorneys
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