How Does a Criminal Rehabilitation Application Overcome Inadmissibility?
Rehabilitation serves as a legal remedy to mitigate the consequences of criminal inadmissibility. This process signifies a transformation in lifestyle, demonstrating to immigration authorities that the individual is no longer predisposed to criminal activities.
To understand eligibility for rehabilitation in Canada, it is crucial to comprehend the specific criteria and timelines based on the nature of the committed offences. The following provides a comprehensive summary of eligibility for individuals convicted or committing offences outside Canada:
| Type of Offence | Deemed Rehabilitated | Eligible to Apply for Rehabilitation |
| Outside Canada, indictable offence <10 years | At least ten years after completion of the sentence imposed | Five (5) years after completion of the sentence imposed |
| Outside Canada, indictable offence <10 years | At least ten years after commission of the offence | Five (5) years after commission of the offence |
| Outside Canada, offence > 10 years imprisonment | Not applicable | Five (5) years from completion of the sentence or commission of the offence |
| Two or more summary conviction offences outside Canada | At least five (5) years after the sentences imposed were served or to be served | Not applicable |
This chart outlines the conditions under which individuals are deemed rehabilitated or eligible to apply for rehabilitation without specifying waiting periods.
To be deemed rehabilitated, individuals must refrain from committing or being convicted of any other indictable offence. Understanding these distinctions is essential for navigating the rehabilitation process successfully.
Juvenile Convictions: Individuals who were convicted as juveniles, defined as those aged 12 to 18, may face different considerations. If a person received a youth sentence under the Young Offenders Act or the Youth Criminal Justice Act in Canada and did not receive an adult sentence, they are generally not considered criminally inadmissible. However, if convicted in a country without special provisions for young offenders or if treated as an adult, the circumstances of the conviction are crucial. For those convicted as adults in such countries or under circumstances equivalent to adult sentencing in Canada, the individual may be deemed criminally inadmissible unless specific exemptions apply.
Factors Considered in Rehabilitation Applications: When considering criminal rehabilitation, Immigration, Refugees, and Citizenship Canada (IRCC) assesses various factors to determine an individual's eligibility. Some factors include:
Number and Nature of Offences: IRCC examines the type and severity of offences committed, considering whether they were isolated incidents or part of a pattern.
Circumstances and Seriousness: The circumstances surrounding each offence are evaluated, along with the level of severity. This includes factors such as intent, harm caused, and any aggravating or mitigating circumstances.
Behavior Since Offences: IRCC considers the individual's behavior and conduct since the commission of the offences. Rehabilitation is more likely if the person has demonstrated positive changes and a commitment to a law-abiding lifestyle.
Explanations and Insight: The applicant's ability to provide clear and sincere explanations for the past offences, along with demonstrating insight into their actions, is crucial.
Community Support: Support from the community, such as character references and testimonials, can be influential in showcasing rehabilitation efforts.
Likelihood of Reoffending: IRCC assesses the risk of the individual reoffending. Rehabilitation is more plausible if there is evidence that the person is unlikely to engage in criminal activities again.
Personal Growth and Rehabilitation Efforts: Demonstrating personal growth, rehabilitation efforts, and a commitment to positive change is essential for a successful rehabilitation application.
Present Circumstances: The applicant's current circumstances, including employment, family ties, and community involvement, are considered to evaluate their overall stability.
Reasons for Seeking Rehabilitation: Providing compelling reasons for seeking rehabilitation, such as family reunification or career opportunities, can strengthen the application.
Legal Compliance: Compliance with any legal requirements, such as completing sentences, fines, or probation, is a fundamental consideration.
Why you need an Immigration Lawyer from AKM Law
Hiring AKM Law as your expert lawyers for a criminal rehabilitation application is crucial due to our specialized legal expertise in immigration matters. We conduct a thorough assessment of your case, develop strategic plans, and navigate the complexities of immigration regulations, ensuring compliance with procedural requirements. AKM Law maximizes the chances of success by understanding the criteria considered by immigration authorities and addressing legal technicalities. We facilitate communication with authorities, handle appeals if necessary, and save applicants time and effort throughout the process. Engaging us provides peace of mind and is a prudent step given the serious implications of criminal inadmissibility, allowing individuals to focus on other aspects of their lives.
