Here, you will find an information on how one can apply for individual rehabilitation.
Individual rehabilitation is a formal application process by which a person who is deemed inadmissible to Canada can be allowed to enter the country despite their prior criminal acts. As opposed to deemed rehabilitation, which does not require a formal application, a person can only gain individual rehabilitation if they apply to the government of Canada.
Once you apply for individual rehabilitation, a decision on the application will be based on:
- Whether you have been rehabilitated
- Whether you are likely to commit more crimes in the future
- Whether you fulfill certain criteria
The criteria for different kinds of crimes are as follows:
If you were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:
You can apply for individual rehabilitation if 5 years have passed since the end of the jail term.
If you committed a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of less than ten years:
You can apply for individual rehabilitation if 5 years have passed since you committed the crime.
If you committed a crime or were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime that comes with a maximum jail term of more than ten years:
You can apply for individual rehabilitation if 5 years have passed since you finished your jail term or committed the crime.
If you were convicted of two or more crimes outside of Canada that, if committed in Canada, would constitute summary conviction crimes:
You may not apply for individual rehabilitation. You may, however be able to be deemed rehabilitated. For more on Deemed Rehabilitation, click here.
A person’s individual rehabilitation application will be successful if:
- The person fulfills the criteria from the section above.
- The Canadian government is convinced that the person is rehabilitated.
- The Canadian government is convinced that the person will not commit more crimes in the future.
For more information on How to Overcome a Finding of Inadmissibility for Past Criminal Activity, click here.