Slide Option 1

Opportunity Lives Here

Deemed Rehabilitation – Due to the Passage of Time

Foreign nationals who are criminally inadmissible to Canada may be eligible for “Deemed Rehabilitation” status, in certain circumstances. Once an individual has been deemed rehabilitated, their prior convictions will no longer serve as a basis for Canadian immigration authorities to deny them entry to Canada. Clemency by virtue of Deemed Rehabilitation status is based on the passage of time.

Deemed Rehabilitation is possible when a foreign national has a singular conviction on their criminal record that, if perpetrated in Canada, would find its equivalent in an indictable offence with an imposable sentence of less than ten years, and the following requirements are met:

  • Ten years have passed since the completion of all sentences, probationary periods and fines; and
  • The individual has no other convictions that would constitute an indictable offence under Canadian law; and
  • The individual has no more than one summary offence on record.

Or

Has been convicted outside Canada of two or more acts that, if perpetrated in Canada, would find its equivalent in a summary offence, and the following requirements are met:

  • Five years have passed since the completion of all sentences, probationary periods and fines; and
  • The individual has not been convicted of an indictable or summary offence in Canada in the last five years, or more than one summary offence in the five years preceding that; and
  • The individual has not been convicted outside Canada of an infraction that, if committed in Canada, would constitute an indictable offence, or of more than one summary offence in the five years before that.

Or

Has committed an act outside Canada that, if committed in Canada, would find its equivalent in an indictable offence punishable by a sentence of less than ten years, and the following requirements have been met:

  • Ten years have passed since the completion of all sentences, probationary periods and fines;
  • The individual has not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary offence in the ten years preceding that; and
  • The individual has not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years preceding that.

Even in situations where someone is deemed rehabilitated, mistakes can be made. Otherwise admissible foreign nationals are sometimes refused entry to Canada in error. This can occur for a variety of reasons. For example, if you were arrested for a crime but received a favourable court disposition, such as a “not guilty” finding, Canada Border Services Agency (CBSA) may not be aware of said finding and defer to your arrest record. Without proof of a favourable court disposition, CBSA can refuse you entry to Canada based on your arrest record.

It is always incumbent upon the accused to demonstrate that they are no longer criminally inadmissible to Canada.

If you are uncertain as to whether or not you are criminally inadmissible to Canada, contact First Immigration Law Firm for a free consultation and speak with a member of our criminal inadmissibility legal team.