Foreign nationals may be inadmissible to Canada for various reasons even if they hold a visa or have obtained permanent residence. The most common ground for inadmissibility is on Criminality grounds, where the foreign national has been convicted of a crime either inside or outside of Canada.
Foreign nationals who are criminally inadmissible to Canada can sometimes qualify for rehabilitation, which means that the criminal offence is no longer considered to be a basis for inadmissibility.
In some cases foreign nationals will be deemed rehabilitated without having to make any specific request for rehabilitation. Deemed rehabilitation applies to those who were convicted of no more than one criminal offence that would be indictable if committed in Canada if 10 years have gone by since the time the sentence was completed, provided that the offence is punishable for less than a maximum term of 10 years imprisonment. If the criminal conviction is for one or more offences that would be summary convictions in Canada, then the rehabilitation period is 5 years.
Where a person convicted of a crime does not qualify for deemed rehabilitation, they can still make an application for rehabilitation when 5 years have passed since they completed the sentence imposed for the criminal conviction. An application for rehabilitation requires the submission of a paper application supported by documentary evidence to the immigration authorities for their consideration. The application will be reviewed by an officer who will make a determination as to whether or not the applicant should be considered rehabilitated. Factors that the officer will consider include the seriousness of the criminal offence and the behavior of the applicant subsequent to the offence. If the officer is of the opinion that the applicant poses little risk of re-offending if admitted to Canada, then the officer can approve the application.
If you believe that you may be qualified to apply for Rehabilitation and would like assistance with your case, please contact us for further information.
