On This Page You Will Find:
- What individual rehabilitation means
- Who can apply for individual rehabilitation
- Eligibility timelines based on the type of offence
- Application criteria and decision factors
- Frequently asked questions
What Is Individual Rehabilitation?
Individual rehabilitation is a formal process allowing someone previously found criminally inadmissible to Canada to enter the country legally again. Unlike deemed rehabilitation, which happens automatically after a set period, individual rehabilitation requires a formal application to Immigration, Refugees and Citizenship Canada (IRCC).
Through this process, the Canadian government reviews your history to determine if you have reformed and are unlikely to commit future offences.
Who Can Apply for Individual Rehabilitation?
You may apply for individual rehabilitation if you were convicted of, or committed, a criminal offence outside Canada that would be considered a crime under Canadian law. At least five years must have passed since the completion of your sentence or the commission of the offence.
IRCC assesses applications based on:
- Whether you have shown genuine rehabilitation
- Whether you are likely to reoffend
- The seriousness of the original offence
- The time elapsed since the offence
- Your current behaviour and community ties
Eligibility Criteria Based on Type of Offence
1. Convicted of a crime outside Canada equivalent to an indictable offence punishable by less than 10 years in Canada
You may apply for rehabilitation if five years have passed since the end of your sentence, including jail time, probation, and fines.
2. Committed (but not convicted of) such a crime outside Canada
You may apply once five years have passed since the offence was committed.
3. Convicted of or committed a crime equivalent to an indictable offence punishable by more than 10 years in Canada
You may apply after five years from the end of your sentence or the date of the offence.
4. Convicted of two or more crimes that would be summary offences in Canada
You are not eligible to apply for individual rehabilitation, but you may qualify for deemed rehabilitation depending on the time elapsed and your record since the offences.
How Applications Are Assessed
A successful application depends on both the facts of your case and your conduct since the offence. Officers will evaluate:
- Completion of all sentences and penalties
- Personal and professional conduct since the conviction
- Evidence of stability and good character
- Community involvement, work history, and references
- The likelihood that you will obey Canadian laws
If your application is approved, you will no longer be inadmissible to Canada for that offence.
Important Notes
- You must submit your application to the appropriate visa office or visa application centre.
- Application processing can take a year or more depending on the case complexity.
- Providing accurate, complete information and supporting documents (court records, police certificates, and evidence of rehabilitation) is essential.
Individual Rehabilitation: Frequently Asked Questions
What is the difference between deemed and individual rehabilitation?
Deemed rehabilitation happens automatically after enough time has passed since a single minor offence. Individual rehabilitation requires a formal application and government approval to overcome inadmissibility.
How long must I wait before applying for individual rehabilitation?
You must wait at least five years from the completion of your sentence or the date of the offence, depending on the case. This includes probation, fines, and any imposed restrictions.
Can I apply for a Temporary Resident Permit instead?
Yes. If you need to enter Canada before five years have passed, you may apply for a Temporary Resident Permit (TRP) to gain temporary entry, though approval is discretionary.
Do I need a lawyer to apply for individual rehabilitation?
While not mandatory, professional legal assistance can improve your chances by ensuring your documentation is complete and presented effectively to immigration officers.
If my application is refused, can I reapply?
Yes, you can reapply if circumstances change or more time has passed since your sentence. However, you should address the reasons for the refusal and provide stronger supporting evidence.
