Deemed Rehabilitation – When Crime Is Not Obstacle Anymore

Deemed Rehabilitation – When Crime Is Not Obstacle Anymore

December 13, 2019

Normally, if you are committed to a crime in the past, you may not be eligible for even coming to Canada. However, in some cases, you will be in the situation of deemed rehabilitation, which means that your prior convictions will no longer the reasons for Canadian authorities to deny you to enter Canada.

Who are criminally inadmissible?

Before finding out about deemed rehabilitation, we should first take a look at what types of crimes are considered to be inadmissible because of past criminal activity. Generally, you are criminally inadmissible if you were in one of the three situations below:

  • You were convicted of an offense in Canada
  • You were convicted of an offense outside of Canada but it was also considered a crime in Canada either.
  • You have committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

What is deemed rehabilitation?

Deemed rehabilitation is the status that cancels your criminal inadmissibility so that your prior crimes are not the reasons for the authorities to deny you to entry to Canada anymore. The approval for deemed rehabilitation is depended on:

  • The crime you committed
  • How serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
    • Ten years for one indictable offense
    • Five years for two or more summary convictions
  • How many crimes you committed 
  • Whether the maximum length of punishment for your crime in Canada would be less than 10 years

Self-assessment for deemed rehabilitation

You do not need to apply to be deemed rehabilitated, but you should make sure that you are qualified before planning to visit Canada. You can check by yourself, and the eligibility is that you must:

  • Have had one conviction in total or committed only one crime
  • Have had at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
  • Your crime committed is not considered a serious crime in Canada 
  • Your crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

Note: If you are not meet these requirements, you need to apply for individual rehabilitation

In the case when you think you are eligible for deemed rehabilitation, besides normally required documents when you come to Canada, you should bring:

  • A copy of court documents for each conviction, and proof that all sentences were completed
  • A recent criminal record check
  • A recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.

If you are unsure whether you are deemed rehabilitated or not, you should be assessed by the Canadian authorities to make sure that you are not refused at the Canadian Port of Entry.

To do this, fill in the Application for Rehabilitation, but in section A, check the box “for information only.” After that, you mail your application to the Canadian visa office of your area. It takes at least six months for the outcome so you should prepare early. Moreover, because you just want to know the information, you do not have to pay the processing fee.

Get help with deemed rehabilitation

If you have any questions or need assistance in preparing information for immigrating to Canada, please do not hesitate to contact us through Immilist to get help. Our website provides an amount of information related to visiting and immigration to Canada, including the deemed rehabilitation, to help you understand clearly the program you apply.


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