Criminal Rehabilitation
Criminal Rehabilitation is one of the official processes put into place by the Canadian government to allow foreign nationals to permanently overcome their criminal inadmissibility permanently for all future trips to Canada. Once approved, it will wipe the individual’s criminal record clean for Canadian immigration purposes. You may also be deemed rehabilitated automatically by the passage of time.
The process of Criminal Rehabilitation acknowledges the power of rehabilitation and passage of time and offers a second chance to those who have reformed their life from their past mistakes as a law-abiding citizen.
What is Deemed Rehabilitation (by the Passage of Time)?
Deemed rehabilitation is an automatic process that allows an individual to be no longer inadmissible to Canada after a certain period of time has passed since the completion of the most recent sentencing (probation, drivers license suspension, fines and fees) specifically for non-serious crimes.
It is a process that only applies to a certain criteria of people, and it is automatic; an application to be deemed rehabilitated is not needed. However, it is still not a guaranteed entry pass as the CBSA officers always hold the final decision. So, it is highly recommended to have a Legal Opinion Letter for your first time crossing the border to Canada.
How Can I be Deemed Rehabilitated?
There is no application process necessary. You must meet the eligibility criteria in order to automatically be deemed rehabilitated.
To be deemed rehabilitated:
- You have a single conviction on your record that is considered a non-serious crime in Canada, in which 10 years have passed since the completion of your last sentence (jail time, probation, fines and fees paid, etc.) AND
- This conviction did not result in serious physical harm to a person or serious property damage and did not involve any type of weapon.
OR
- You have two or more convictions (you are not inadmissible with a single summary conviction) on your record that is considered a summary conviction in Canada, in which five (5) years have passed since the completion of your last sentence AND
- This conviction did not result in serious physical harm to a person or serious property damage and did not involve any type of weapon.
It is important to note that “Driving Under the Influence” charges (from after December 18, 2018), assault charges, theft over $5000, or any hybrid/indictable offences are all considered to be serious criminality and will never result in deemed rehabilitation.
Summary offences are minor offences, comparable to misdemeanors in the United States. These charges have a maximum imprisonment time of two years less a day (one year and 364 days). Some examples include public nudity, trespassing at night, causing a disturbance in public places, and unlawful assembly.
Determine If You Are Eligible for Criminal Rehabilitation or Deemed Rehabilitation:
| I Have a Criminal Record Outside of Canada | |||||||
|---|---|---|---|---|---|---|---|
| YES | NO | ||||||
| It is the ONLY offence on my record AND it is equivalent to a summary offence in Canada | I have two or more offences equivalent to summary offences | I have a single non-serious offence (punishable by less than 10 years) | I have more than one non-serious offences | I have one or more offence of serious nature | You are not criminally inadmissible | ||
| You are not criminally inadmissible | It has been less than 5 years since the completion of the most recent sentence | It has been 5 years since the completion of the most recent sentence | It has been less than 10 years since the completion of the most recent sentence | It has been 10 years since the completion of the most recent sentence | You will never be deemed rehabilitated; you must apply for a CR or a TRP | You will never be deemed rehabilitated, you must apply for a CR or a TRP | |
| You are eligible for a TRP, but must wait until it has been 5 years to be deemed rehabilitated | You are deemed rehabilitated | You are eligible for a TRP and a CR if it has been 5 years, but must wait until it has been 10 years to be deemed rehabilitated | You are deemed rehabilitated | ||||
What is Criminal Rehabilitation?
For those who do not qualify for deemed rehabilitation, there is another way to permanently overcome inadmissibility.
The result of an approved criminal rehabilitation application is the same as being deemed rehabilitated. However, criminal rehabilitation requires an application and adequate documentation to prove that you are eligible for criminal rehabilitation, as well as evidence that you are rehabilitated.
Please note that inadmissibility due to crimes committed in Canada cannot be overcome with criminal rehabilitation, both deemed or individual. Inadmissibility due to crime committed in Canada can be overcome with a record suspension from the Parole Board of Canada.
Who is Eligible For Criminal Rehabilitation?
If you have a non-serious offence(s) on your criminal record and it has been five (5) years since the completion of your most recent sentencing you qualify to apply for a criminal rehabilitation.
If you have a serious offence(s) on your criminal record and five (5) years have passed since the completion of your most recent sentencing, you qualify to apply for a criminal rehabilitation.
Ex. If you were convicted of your offence on August 25, 2019 and finished your probation of 6 months on February 25, 2020, you are eligible to apply for Criminal rehabilitation from February 25, 2025.
In addition, a standing of good character is required in order to prove rehabilitation.
What Is a Non-Serious Criminality and a Serious Criminality?
A non-serious criminality describes an offence in which an individual has either been convicted of or has committed a criminal offence outside Canada that if committed in Canada, would be punishable by a maximum prison term of less than 10 years
A serious criminality describes an offence in which an individual has either been convicted of or has committed a criminal offence outside Canada that if committed in Canada, would be punishable by a maximum prison term of 10 years or more.
If you have a serious criminality on your criminal record, you will not be eligible for deemed rehabilitation even after 10 years. However, after 5 years, you will be eligible to apply for Criminal Rehabilitation and Temporary Resident Permit.
How Do I Apply for a Criminal Rehabilitation?
Applying for a criminal rehabilitation is a very lengthy and meticulous process. It is important to ensure that your application is complete and filled out accurately to make certain that there won’t be any delays in the process.
What documents do I need to prepare to apply for a criminal rehabilitation?
- Use of a Representative Form (if applicable)
- Criminal Rehabilitation application
- Receipt of the processing fee
- Personal Statement re Circumstances of offence & re Rehabilitation Factor
- Copy of Passport
- For US citizens only, if you do not have a passport, a copy of your driver’s license and USA birth certificate
- Three (3) Reference letters
- Each court judgment made against you – clearly showing the charge, section of law charged , verdict and sentence
- Police Reports
- FBI Report
- Criminal History Record from all countries (including Canada) where you have lived for 6 consecutive months or longer since age of 18
- For US citizens only, a state certificate for each state where you lived for 6 or more consecutive months
How long does it take to get a Criminal Rehabilitation?
The processing time for a criminal rehabilitation application is around 12 – 18 months. There is no guarantee of when your application will be processed and the processing time can vary according to the type of criminality it handles. Evidently, non-serious criminality applications or applications with less amount of offences may take less time.
How much does it cost to apply for a Criminal Rehabilitation?
The processing fee payable directly to the government of Canada for an application regarding inadmissibility on grounds of non-serious criminality as of April 14, 2025 is $239.75 CAD ($173.36 USD)
The processing fee for an application regarding inadmissibility on grounds of serious criminality as of April 14, 2025 is $1,199.00 CAD ($866.97 USD)
These fees are non-refundable even in the case that your application is rejected. The fees can be paid directly on the IRCC website here.
The receipt after paying this fee must be included in your criminal rehabilitation application package and required to process your application.
Frequently Asked Questions
Do I have to apply for deemed rehabilitation or is it automatic?
You do not need to apply to be deemed rehabilitated as it is an automatic system after the appropriate time passes. However, it is highly recommended to travel with a legal opinion letter to explain to the CBSA officer why you are not inadmissible anymore and present the officer with the appropriate documents to justify your position.
Does deemed rehabilitation apply to serious criminality?
No, if you are inadmissible to Canada on the grounds of serious criminality, you will never be eligible for deemed rehabilitation by passage of time. However, you are eligible to apply for criminal rehabilitation after 10 years have passed since the day of the completion of your most recent sentencing for the most recent offence.
Can I travel to Canada while waiting to be deemed rehabilitated?
You cannot travel to Canada without a permit while you are waiting to be deemed rehabilitated. You must apply for a Temporary Resident Permit if the appropriate time has not passed to be deemed rehabilitated.
If it has been less than ten (10) years, but more than five (5) years has passed since the completion of your most recent sentencing of your most recent non-serious offence(s), you may also apply for a criminal rehabilitation instead of waiting to be deemed rehabilitated.
What happens if I’m not eligible for deemed rehabilitation?
If you are not eligible for deemed rehabilitation, there are other options available to you. If you are traveling to Canada for a clear purpose and for a short period of time, you are eligible to apply for a Temporary Resident Permit. On the other hand, if it has been more than five (5) years since the completion of your most recent sentencing of your most recent non-serious offence(s), you may be eligible to apply for a criminal rehabilitation.
Can I reapply for Criminal Rehabilitation if my application is denied?
Yes, you can reapply for a criminal rehabilitation if your initial application is rejected. However, it is highly recommended to consult an immigration lawyer to help address the reason for your initial application’s rejection to improve the chances of your application being approved.
Why was my Criminal Rehabilitation refused?
The most common reason that a criminal rehabilitation is refused is due to failure to prove to the Canadian Border Service Agency officer that you are rehabilitated. You may need to gather stronger evidence of good character such as letters from employers of good standing, certificates of completed rehabilitation programs (Ex. Alcohol addiction management program for past DUI convictions) and proof of participation in volunteer work. Your application could also be denied for other reasons, such as missing documents, inconsistencies in your application, or that not enough time has passed since the offence.
How long is a Criminal Rehabilitation (CR) letter valid?
A CR letter is a permanent solution to criminal inadmissibility and it is valid indefinitely until there is a change in your criminal history record (new conviction, final verdict from a pending charge, etc.). There is no expiration date for an approved criminal rehabilitation, and it can be used for multiple entries into Canada.
Can I travel to Canada while my CR application is being processed?
It depends. You must acquire a temporary resident permit for the time that you are travelling into Canada even if you have already applied for a CR. If a decision has not been made yet by the IRCC, you are still criminally inadmissible.
What are my chances of being approved for CR with Canadim’s assistance?
Working with our experienced and specialized immigration lawyers will increase the overall quality of your application and subsequently can increase your chances of approval. We can help assess your criminality and do a detailed quality assessment for your application. Contact us for a consultation to evaluate your options and gain expert legal advice.
How Can An Immigration Lawyer Help Me Get Criminal Rehabilitation?
Criminal rehabilitation is a highly complex and exhaustive process. Seeking guidance from a specialized immigration lawyer may help in a smooth application process. Your application could be returned or rejected for any small mistake made during the application process. To avoid any delays and increase your chances of success on your application getting approved, contact us at Canadim today to assess your criminality.
Ready tostart?
Contact Us
If you have questions or concerns relating to criminal rehabilitation please contact us and a member of the Canadim Team will be happy to discuss your options.
Contact UsRelated Links
Discover your Canadian immigration options. Get your free assessment now!