Criminal Rehabilitation

Criminal Rehabilitation

Criminal Rehabilitation is a process that allows foreign nationals who have been previously convicted of a crime to apply for permanent entry to Canada. Once you have been granted Criminal Rehabilitation, you will no longer face any risk of being denied entry due to your past criminal record. This solution is especially valuable for those who want to visit Canada regularly or who are seeking to immigrate.

Unlike a Temporary Resident Permit (TRP), which provides only temporary relief, Criminal Rehabilitation offers a lasting resolution to criminal inadmissibility. It is the most reliable and permanent option available, allowing you to travel to Canada freely without worrying about being denied entry due to past criminal issues.

At Kahlon Law Office, we understand the challenges individuals face when dealing with criminal inadmissibility issues while attempting to travel to or immigrate to Canada. Whether you have a DUI or a more serious criminal conviction, these offenses can prevent you from entering Canada. We are here to provide professional legal guidance and help you navigate the process of overcoming your criminal inadmissibility to Canada. One of the most effective ways to resolve this issue permanently is through Criminal Rehabilitation (CR).

When should you consider Criminal Rehabilitation?

You should consider Criminal Rehabilitation if you have been convicted of any criminal offense that has resulted in your inadmissibility to Canada. Some common offenses that may make you inadmissible to Canada include:

  • Driving Under the Influence (DUI) / Driving While Intoxicated: A DUI conviction, particularly after Canada’s stricter impaired driving laws that came into effect in December 2018, can make you inadmissible. Even a single DUI conviction can prevent you from entering Canada.
  • Assault: Convictions for assault, whether it is a simple assault, domestic assault, or aggravated assault, can result in inadmissibility to Canada.
  • Theft: Any type of theft conviction, including shoplifting, grand theft, or burglary, may impact your ability to enter Canada.
  • Drug Offenses: Convictions related to the possession, trafficking, or production of drugs can make you inadmissible. This includes both hard drugs like heroin and cocaine, as well as more minor offenses related to cannabis.
  • Fraud: Fraud convictions, including identity theft, insurance fraud, or other fraudulent activities, can also make you inadmissible to Canada.
  • Violent Crimes: This category includes crimes such as robbery, armed robbery, and other violent offenses. Any conviction related to violent behavior can lead to inadmissibility.
  • Sexual Offenses: Convictions for sexual assault, child pornography, or other sexual offenses are considered serious and may result in permanent inadmissibility to Canada.
  • Weapons Offenses: Convictions related to illegal possession of firearms or weapons, trafficking of weapons, or any violent acts involving weapons can make you inadmissible.
  • Domestic Violence: Any convictions related to domestic violence or abusive behavior within the family can lead to inadmissibility.
  • Immigration-Related Crimes: Offenses such as human trafficking, document fraud, or entering the country illegally can also cause inadmissibility issues.
  • Driving Offenses: In addition to DUI, other driving-related offenses, such as dangerous driving or hit and run, can lead to inadmissibility.
  • Murder or Attempted Murder: While serious and rare, convictions for murder or attempted murder led to permanent inadmissibility, which can only be addressed through Criminal Rehabilitation after a period of time.

If you have been convicted of any of these offenses, or any other criminal offense, and you are seeking to travel to or immigrate to Canada, it is essential to explore your options for Criminal Rehabilitation. By successfully applying, you can overcome the barriers to entry and secure your future in Canada.

What are the eligibility requirements for Criminal Rehabilitation?

To apply for Criminal Rehabilitation, you must meet certain eligibility criteria. Specifically, you must have:

  • Completed your sentence in full, including any fines, probation, and community service, at least five years ago.
  • If your conviction included probation, you must have fulfilled all the conditions, such as attending rehabilitation programs or paying restitution to the victim.
  • No pending criminal matters: You must not have any outstanding criminal cases or pending sentences.

The Canadian government looks at your behavior after the offense to assess whether you have been rehabilitated. If you can demonstrate good conduct and show that you are unlikely to reoffend, you will have a strong case for Criminal Rehabilitation.

What is the Criminal Rehabilitation process?

The process of applying for Criminal Rehabilitation is detailed and requires the submission of a variety of documents, including:

  • Personal Information: Detailed information about your history, including your residential addresses and employment records since you turned 18.
  • Police Certificates: You will need to provide police records from all the jurisdictions where you have lived since adulthood, including an FBI criminal record check.
  • Evidence of Rehabilitation: Proof that you have taken steps to reform your behavior, such as completing rehabilitation programs, attending therapy, or other relevant activities. This evidence will support your application and demonstrate that you have reformed since your conviction.

Why choose Criminal Rehabilitation over a Temporary Resident Permit?

While a Temporary Resident Permit (TRP) can provide a short-term solution by allowing you to enter Canada temporarily despite your criminal record, it is not a permanent fix. TRPs are typically issued for short periods, such as one to three years, and require you to have a valid reason for your visit to Canada. In contrast, Criminal Rehabilitation is a long-term solution that eliminates the need for ongoing permits. TRP is also a primary solution in case someone is not eligible for Criminal Rehabilitation.

A TRP can be useful if you need immediate entry to Canada but do not yet qualify for Criminal Rehabilitation. However, once you are eligible for Criminal Rehabilitation, it is always advisable to pursue this permanent solution.

How long does Criminal Rehabilitation take?

The process of applying for Criminal Rehabilitation can take several months, and the wait times can vary depending on the complexity of your case. On average, applications can take anywhere from 9 to 12 months to process. During this time, you can still apply for a Temporary Resident Permit if you need immediate entry to Canada.

Once approved, Criminal Rehabilitation removes the criminal inadmissibility from your record permanently. This means you will no longer need a TRP for future travel to Canada.

How can Kahlon Law Office help?

The application process for Criminal Rehabilitation can be complex, requiring careful attention to detail and thorough documentation. At Kahlon Law Office, we specialize in helping individuals navigate this process and overcome criminal inadmissibility to Canada. Our experienced attorneys are dedicated to guiding you through every step of the application process, from gathering the necessary documents to filing the application correctly.

We will help you:

  • Assess your eligibility for Criminal Rehabilitation and determine the best course of action for your specific situation.
  • Prepare your application thoroughly, ensuring that all required documents are included and accurate.
  • Represent you during the application process, ensuring that you meet all the legal requirements for approval.

We understand that dealing with criminal inadmissibility can be stressful, and we are here to make the process as smooth and straightforward as possible. In the past years, we have helped several individuals facing criminal inadmissibility.

If you are facing criminal inadmissibility to Canada and want to explore your options for Criminal Rehabilitation, Kahlon Law Office is here to help. Our team of immigration experts is ready to assist you with your application and help you regain your eligibility to travel freely to Canada. Contact us today to schedule a free consultation and let us help you resolve your criminal inadmissibility and move forward with your plans to visit or immigrate to Canada. We are committed to providing professional, compassionate, and effective legal services to meet your needs.