An application for criminal rehabilitation to enter Canada can take between 12 and 18 months. If you have a criminal record, you can be ineligible to enter Canada for over 10 years have passed (this does not apply outside Canada). However, after five years pass you will be eligible to apply for a permanent option to earn criminal inadmissibility to Canada. This option is called Criminal Rehabilitation or Individual Rehabilitation.
Applying for criminal rehabilitation is a permanent solution that allows you to come and go for any permitted reason such as vacation, family visits or business reasons while you have serious criminality. To work or attend school additional permits are needed. Once you apply for rehabilitation and complete the entire process you will be deemed rehabilitated with criminal inadmissibility.
Because it is permanent and you don’t need to explain your purpose to Canadian immigration and the Parole Board of Canada every time you want to enter, Criminal Rehabilitation is preferable to the Temporary Resident Permit (TRP). The downside is that it takes longer to receive a decision even after you're eligible to apply.
Because there is a lot of overlap between the Criminal Rehabilitation application and the Temporary Resident Permit (TRP) application, some people apply for both at the same time after 5 years pass from their serious criminality. This allows them to gain entry for a planned visit in the short-term, and then become approved for long-term entry to remove any notion that you're inadmissible to Canada due to serious or non-serious criminality.
How is the waiting period calculated once criminal rehabilitation has been applied?
The formula that determines if you're Eligible for Criminal Rehabilitation and Record Suspension is calculated from the end of the sentence rather than the date of conviction. The sentence includes fine payments, probation, community service, non-serious criminality, and jail time. It’s important to pay off any fines as soon as possible if you have any plans to travel to Canada in the future (not applicable to the outside of Canada).
How long does it take to process a Criminal Rehabilitation application?
Before you can submit your application, some documents are required. These include court documents, state police checks and FBI reports. Letters of reference are also important. The Canada criminal rehabilitation processing time can take about six months to acquire these documents and compile the application.
How long does it take to get a decision after applying for criminal rehabilitation?
Once you submit your application a reviewing officer from Canadian immigration will determine whether it is complete and whether you are qualified depending on if it's serious or non-serious criminality. It will then be forwarded to the appropriate authority for review. You can avoid delays at the initial step by ensuring that your application is complete.
Once your application is accepted by Canadian immigration, the time frame for approval varies. This can depend on the length of your record, the seriousness of the offences if it's non-serious or serious criminality and other factors. It can take a year to receive a decision and deemed rehabilitated.
How Can Someone Earn Deemed Rehabilitation in Canada?
If you were convicted of an offence of serious criminality that would be punishable by a maximum term of fewer than ten years under Canadian law, you can be considered deemed rehabilitated ten years have passed after the completion of your sentence. This means that you do not have to apply for Criminal Rehabilitation, but you may need to show proof to Canadian immigration.
If you would like to enter Canada with a DUI or other serious criminality, contact AllCleared today for a free consultation on TRPs and Criminal Rehabilitation at 1-866-972-7366.
