Deemed Rehabilitation
Persons who are inadmissible for Canadian immigration on grounds of criminality may still be permitted to enter Canada if they qualify for Deemed Rehabilitation.

Persons qualify for Deemed Rehabilitation if they have:

  • Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:
    • Ten years have elapsed since the completion of their sentence;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and
    • They have 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 before that.

Or

  • Been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences, and they meet the following requirements:
    • Five years have elapsed since the completion of their sentences;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last five years, or more than one summary conviction in the five years before that; and
    • They have not been convicted outside Canada of an offence in the last five years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the five years before that.

Or

  • Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and they meet the following requirements:
    • Ten years have elapsed since the completion of their sentence;
    • They have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and
    • They have 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 before that.

Persons who are inadmissible for Canadian immigration on grounds of serious criminality cannot qualify for Deemed Rehabilitation; that is, simple passage of time after the completion of their sentence does not alone qualify them for rehabilitated status.

However, persons who fall under the Serious Criminality classification, as well as others who do not qualify for Deemed Rehabilitation, may still qualify for Canadian immigration under the Individual Rehabilitation category.

To qualify for Individual Rehabilitation, the person must:

  • Wait five years after the completion of their sentence before applying; and
  • Demonstrate that he or she has been rehabilitated and is no longer a risk for criminal activity. This may require demonstrating:
    • A stable lifestyle;
    • Community ties;
    • Social and vocational skills; or
    • That the criminal offence was an isolated event.

 

Free consultation

Consult with a Canadian immigration attorney using the form below for a consultation on how to overcome potential issues surrounding inadmissibility to Canada.