Individual rehabilitation for admissibility to Canada

Those refused entry to Canada for serious criminality cannot qualify to be deemed rehabilitated.

This means that simply letting time pass after completing the sentence is not enough for them to be considered rehabilitated. However, those in the serious criminality category, as well as others who are not eligible to be deemed rehabilitated, may still qualify to immigrate to Canada under the individual rehabilitation category.

What is individual rehabilitation?

Individual rehabilitation is a formal application process (also known ascriminal rehabilitation) through which an individual considered inadmissible to Canada can be granted permanent entry to the country despite their previous offences.

Unlike being deemed rehabilitated, which requires no formal application, a person can only obtain individual rehabilitation by applying at a Canadian consulate.

To be eligible for individual rehabilitation, the applicant must:

• Wait 5 years after completing the sentence before applying.
• Demonstrate that they have been rehabilitated and no longer pose a risk of criminal activity.

Simply letting time pass after completing the sentence is not enough for a person to be deemed rehabilitated. However, those in theserious criminalitycategory, as well as others who are not eligible to bedeemed rehabilitated, may still qualify to immigrate to Canada under the Individual Rehabilitation category.

Driving while impaired by an intoxicant can also be a criminal offence. A detailed article onDriving under the influence (DUI) in Canada.

Identifying the equivalent offence under Canadian law

Identifying the corresponding offence in the Criminal Code of Canada is essential to completing an individual rehabilitation application. How an offence or conviction is treated in a foreign jurisdiction is irrelevant to the application; what matters is the severity of the offence under Canadian law. Once the equivalent offence under Canadian law has been identified, the maximum applicable term of imprisonment is used to determine whether it amounts to non-serious criminality or serious criminality.

In many cases, prospective applicants will consult a Canadian immigration lawyer, who can readily identify the conversion of a foreign offence into its Canadian equivalent.

Non-serious criminality

Non-serious criminality is assigned to certain violations that are generally considered less serious when converted into their Canadian legal equivalent, but which still make a foreign national criminally inadmissible to Canada.

The most common examples include: impaired driving offences such asDUI, theft or fraud under $5,000 CAD, simple assault and possession of more than 30 grams of cannabis. In cases of inadmissibility for non-serious criminality, individuals must still apply for individual rehabilitation in order to continue travelling to Canada without fear of being refused entry.

The Canadian government processing fee for non-serious criminality is $229.77 CAD.

Serious criminality

Serious criminality is assigned to offences or convictions that the Canadian immigration authorities determine to be serious when converted into their Canadian legal equivalent. The most common examples include: theft or fraud over $5,000 CAD, any offence involving the misuse or use of a weapon, domestic violence, drug trafficking or dealing, and sexual assault.

Offences carrying a maximum applicable term of imprisonment in Canada of ten years or more are considered serious criminality. The maximum applicable term of imprisonment is the main criterion used to determine whether an offence amounts to serious criminality.

Serious criminality must always be dealt with through a criminal rehabilitation application, since a foreign national can never be deemed rehabilitated simply by letting time pass.

The Canadian government processing fee for serious criminality is $1,148.87 CAD.

Read more about individual rehabilitation for admissibility to Canada on the government website athere.