A brief introduction to deemed rehabilitation

Deemed rehabilitation is a concept in Canadian immigration law that allows certain individuals with a past criminal record to enter or remain in Canada without having to apply for a formal rehabilitation.

In order to be deemed rehabilitated, an individual must meet certain criteria. The first criterion is the amount of time that has passed since the completion of the individual’s sentence. For a summary offense (less serious crime), the individual must have been crime-free for at least five years. For an indictable offense (more serious crime), the individual must have been crime-free for at least ten years.

The second criterion is the nature of the offense. Certain crimes, such as war crimes, terrorism, and crimes against humanity, are not eligible for deemed rehabilitation. Additionally, an individual who has been convicted of more than three indictable offenses is not eligible for deemed rehabilitation.

If an individual meets these criteria, they will be deemed rehabilitated and will not need to apply for formal rehabilitation in order to enter or remain in Canada. However, they will still need to disclose their criminal record to Canadian immigration officials and may be denied entry or removal if their criminal record poses a risk to Canadian society.

It is important to note that deemed rehabilitation is only applicable to individuals seeking entry or remaining in Canada, and does not affect an individual’s ability to travel to other countries. Additionally, deemed rehabilitation does not erase an individual’s criminal record and will still be visible to Canadian authorities.

It is also worth mentioning that deemed rehabilitation, which applies to foreign criminal record, is different from record suspension (formerly known as a pardon), which is a separate process to have a past Canadian conviction removed from an individual’s criminal record.

In summary, deemed rehabilitation is a complex concept in Canadian immigration law that allows certain individuals with a past criminal record to enter or remain in Canada without having to apply for a formal rehabilitation.

If you are unsure if you qualify for deemed rehabilitation and want to know more about your options, please don’t hesitate to contact us now for a consultation.

Key factors to consider:

• Did the conviction(s) happen outside or in Canada?
  • Outside Canada – Rehabilitation/Deemed Rehabilitation Route
  • In Canada – Record Suspension Route
• How recent was/were the foreign conviction(s)?
  • Indictable offence, 10+ years ago, offence max sentence: less than 10 years – deemed rehabilitation
  • Indictable offence, 5+ years ago, offence max sentence: less than 10 years – can apply for rehabilitation
  • 5+ years ago, offence max sentence: more than 10 years – can apply for rehabilitation
  • Summary offences, 2 or more counts, 5+ years ago – deemed rehabilitation
  • Summary offence, 1 count only – admissible to Canada, no rehabilitation required
• How serious was/were the conviction(s)?
  • Certain convictions, such as, war crimes, or organized crimes, are different than other ordinary crimes.
  • Those are dealt in a completely separate category of criminal inadmissibility.

List of documents to prepare to start:

• Original passport
• Court judgement documents that shows the charge, the section of law, the verdict, and the sentence
• Any documents related to sentence imposed, parole, probation or pardon, if any, such as:
  • court records
  • judge’s comments or recommendations
  • probation or parole reports
  • certificate of rehabilitation
  • letters of recommendation
• Application for a Police Clearance Certificate from all countries resided over 6 months, including Canada.

The content above is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes.

Source: Immigration, Refugees and Citizenship Canada (IRCC) Website