How do I apply for rehabilitation through Immigration Canada?
Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity Get help to open an application form or to fill one out in the Help Centre. This application package includes: Document Checklist [IMM 5507] (PDF, 179.76KB) Application for Criminal Rehabilitation [IMM 1444] (PDF, 1.18MB)
What is Canadian Rehabilitation and how does it work?
Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity. You are eligible to apply for rehabilitation if you have: committed an act outside of Canada and five (5) years have elapsed since the act;
What is the IRCC form for criminal rehabilitation Canada?
It is possible to download the Criminal Rehabilitation form (IMM1444) from the official Government of Canada website which is Canada.ca (look in the immigration section of the website). The document's file name is imm1444e.pdf and it can typically be opened in Adobe Reader or Adobe Acrobat. In addition to the Application for Criminal ...
What is a DUI rehabilitation application for Canada?
DOCUMENT CHECKLIST REHABILITATION. (DISPONIBLE EN FRANÇAIS - IMM 5507 F) This form is made available by Citizenship and Immigration Canada and is not to be sold to applicants. This document checklist will help ensure that you attach all …
How do I get deemed rehabilitated in Canada?
For deemed rehabilitation, at least 10 years must have passed since completing all imposed sentences for a conviction. This includes probation, fines, and any other conditions that were imposed. You do not need to submit an application to be deemed rehabilitated and there are no costs involved.
How long does it take to get Canadian rehabilitation?
about 6 to 12 monthsApplying for Canadian Rehabilitation is a complex legal process that typically takes about 6 to 12 months for government processing. Criminal Rehabilitation applications can sometimes be hundreds of pages long, especially if an applicant has multiple arrests in their past that each need to be addressed in detail.
Can you get into Canada with a domestic violence charge?
Consequently, most convictions for assault or domestic violence, even if the domestic dispute was very minor, can put the person at risk of being denied entry to Canada forever unless they overcome their inadmissibility by obtaining a TRP or undergoing Rehabilitation.
What is a rehabilitation letter?
A Certificate of Rehabilitation is a form of post-conviction relief in which a judge finds that a person has been rehabilitated following a criminal conviction. In California, obtaining a certificate acts as an automatic application for a California's governor's pardon.
Does Canada do a background check at the border?
Canadian border agents have full access to U.S. criminal records, including FBI background checks, so they are likely to flag anyone with an arrest or a felony charge. In effect, YOU are going to have the burden to prove that you are admissible.
How long does a rehabilitation application take?
Applications for rehabilitation can take over a year to process. You will be advised in writing of the decision made on your application. Receiving approval to overcome a criminal inadmissibility is only one part of determining whether or not you can enter or remain in Canada.Jan 5, 2022
What can stop you from crossing the Canadian border?
7 Reasons Border Patrol Might Stop You from Crossing the US/Canada BorderYou Have Insufficient Identification. ... You Did Not Document Your Domestic Animals Properly. ... You Have No Note or Documentation for Minors Travelling to Canada. ... Your Trunk is Not Empty. ... You Have a Criminal Record in the United States or Canada.More items...•Jun 29, 2017
What crimes are inadmissible to Canada?
Crimes That Can Make You Inadmissible to CanadaDUI (including DWI, DWAI, reckless driving, etc.)theft.drug trafficking.drug possession.weapons violations.assault.probation violations.domestic violence.More items...
Will I be denied entry into Canada?
Criminal Inadmissibility - Anyone who has ever been arrested or convicted of a crime in the United States may be criminally inadmissible to Canada and refused entry at the border.
What is a certificate of Rehabilitation in Washington state?
July 6, 2016 CCRC Staff. Washington State courts are now authorized to grant certain individuals a Certificate of Restoration of Opportunity (CROP), which prohibits many state licensing entities from disqualifying the holder solely based on his or her criminal history.Jul 6, 2016
What is certification of Rehabilitation?
A Certificate of Rehabilitation is a court order declaring that a person convicted of a crime is now rehabilitated.
How do you demonstrate Rehabilitation?
Seek a pardon or expungement of a previous conviction, if it is possible. Complete your parole with an exemplary record. Graduate from a professional treatment program—as for substance abuse—to demonstrate rehabilitation from something like a DUI conviction or drug conviction.Feb 3, 2020
What happens if you have a criminal record in Canada?
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.
How long is probation?
Probation: probation is part of the sentence. Count five (5) years from the end of the probation period. Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.
Why Is IMM 1444 Not a Submittable Form Online?
The Government of Canada IMM1444 Criminal Rehabilitation application form is a PDF document, and consequently may be viewed inside certain web browsers such as Chrome, Firefox, and Internet Explorer.
Where Do I Find IMM 1444?
It is possible to download the Criminal Rehabilitation form (IMM1444) from the official Government of Canada website which is Canada.ca (look in the immigration section of the website). The document's file name is imm1444e.pdf and it can typically be opened in Adobe Reader or Adobe Acrobat.
Do I Even Need IMM1444 to Enter Canada?
Not all US citizens with a DUI conviction will be stuck completing an IMM 1444 form in order to cross the border. Americans with a lone DUI or DWI may also qualify for "grandfathered" Deemed Rehabilitation ten years after their sentencing was completed provided the date of arrest was prior to Canada changing their DUI laws.
IMM 1444 Canada TRP vs. Criminal Rehabilitation
Since the process to apply for TRP Canada entry is similar to the process of applying for Criminal Rehabilitation, the IRCC IMM 1444 application form can be used for both. Be careful, however, as any IMM 1444 instructions or IMM 1444 guide you find on the Internet may be specific to one application or the other.
IMM 1444 Processing Time
The IMM1444 processing time can vary substantially depending on whether someone is using the application form to apply for a Temporary Resident Permit or to apply for Rehabilitation.
IMM 1444 Document Checklist
The Government of Canada IMM1444 document checklist can be a bit confusing for some people because it does not explicitly mention which documents are needed for a TRP application, which for a Criminal Rehabilitation application, and which are needed for both. Some of the items included in the document checklist for Americans are:
IMM 1444 Cost
The cost of an IMM1444 application can depend on a person's criminal history. If a person is applying for a Canada entry waiver with a single misdemeanor, the IMM 1444 cost for government processing may only be USD 155 / CAD 200.
How long can you go to jail in Canada?
Convictions that can be punished in Canada by a prison sentence of 10 years or more are deemed serious criminality. Individuals with serious criminality must apply for Criminal Rehabilitation to obtain access into Canada, no matter the time that has elapsed since completing their sentence.
How to apply for a criminal record?
In order to submit a fully completed criminal rehabilitation application, you must include the following: 1 Application for Criminal Rehabilitation form 2 Use of a Representative form, if applicable 3 Copy of applicants Passport 4 Statements addressing circumstances of conviction (s), applicants' rehabilitation 5 Letters of reference 6 Court documentation for any offense on record 7 The foreign or Canadian laws under which you were charged or convicted. You can obtain copies of foreign laws by contacting local police authorities, lawyers, or the courthouse where the offence occurred. 8 FBI and State Police background checks 9 Once these documents have been included, the application can be submitted to a Canadian consulate for processing.
Who is Campbell Cohen?
Campbell Cohen is one of Canada's leading immigration law firms. We have over 45 years of experience and feature a team of over 60 Canadian immigration attorneys, paralegals, and other dedicated professionals.
Is dangerous driving a criminal offence?
Dangerous driving is an analogous offence that also results in criminal inadmissibility. Any serious driving violation has the potential of hindering an individual’s ability to legally enter the country, regardless of whether the individual in question will be driving in Canada. Get a Free Legal Consultation.
Is assault a crime in Canada?
These acts can range from violent threats to spontaneous bar fights to passionate crimes of violence carried out with premeditation and intent. Regardless of their place along this spectrum, in most cases incidents of assault result in criminal inadmissibility to Canada.
What are some examples of serious criminality?
Some of examples of serious criminality include theft over $5000, domestic abuse and drug trafficking.
What is criminal inadmissibility?
In terms of criminal inadmissibility, the offences that are most frequently encountered are those pertaining to driving while intoxicated. Such offences have different designations, depending on the circumstances of the infraction and where the offence was committed.
What is criminal rehabilitation?
Criminal Rehabilitation is a process whereby a foreign national petitions the Canadian government for permanent relief/clemency/forgiveness, for a particular crime (s) committed in a foreign country. Once a foreign national successfully undergoes the Criminal Rehabilitation process, their prior offenses will no longer impede travel to Canada.
What is considered serious criminality in Canada?
Serious criminality is a designation given to those infractions determined to be severe by Canadian immigration authorities . Examples include domestic abuse, theft above $5000, any offence committed with a weapon, and drug trafficking. Offences with a maximum imposable prison sentence in Canada of ten years or more are considered serious criminality and have different ramifications. The maximum imposable prison sentence is the only determinant used to establish serious criminality.
What is non serious criminality?
Non-serious criminality is a designation given to certain infractions generally considered to be less severe by Canadian immigration authorities, but that nevertheless render a foreign national criminally inadmissible to Canada.
What is Canadian rehabilitation?
Canadian Rehabilitation is essentially an assessment of a criminal's future behavior, actions and attitudes. Factors considered by adjudicators include nature of offense, Canadian criminal equivalency, time elapsed with good conduct, term of imprisonment, as well as change in moral character.
What is a TRP in Canada?
A TRP is just a temporary solution for people who are not yet able to apply for the permanent solution. Individuals who are eligible for Criminal Rehabilitation but instead continue to apply for Temporary Resident Permits at the border risk being denied by Canadian immigration agents.
What documents are needed for a DUI?
Amongst the many documents needed for a DUI Criminal Rehabilitation application are a police document from several different authorities. For people who have lived outside of the United States, a criminal clearance from all police authorities in every country you have ever lived in for six months or longer (consecutively) since you were 18 years old is required. American applicants need a state certificate or letter from a police authority in every state you have lived in for more than six consecutive months since you were an adult. On top of all this, a Criminal Rehabilitation Canada application requires Americans to include a national FBI certificate.
Can an American be sent to Canada?
In cases where an American has only a single non-serious conviction long in their past, he or she may be eligible for automatic Deemed Rehabilitation and may not need to apply for manual Criminal Rehabilitation in order to permanently overcome their inadmissibility to Canada. More serious crimes, such as felonies, can result in a person getting refused entrance at the Canadian border even decades later. Unless expunged in certain states, misdemeanor domestic violence as well as misdemeanor assault convictions can also render an American inadmissible to Canada indefinitely unless they submit a Criminal Rehabilitation application.
Can a Canadian citizen cross the border?
Once a citizen or legal resident of the United States is granted Canadian Rehabilitation, crossing the border should no longer be a problem and the person will never again risk being denied entry due to their past criminal history.
Is a DUI a serious crime in Canada?
Rehabilitation for Americans with a DUI. As of December 18th, 2018, a DUI is considered a serious crime in Canada due to the country's strict new impaired driving laws that can result in imprisonment of up to a decade. As a result, Americans with a single misdemeanor DUI after this date will no longer be considered deemed rehabilitated ...
How to apply for criminal rehabilitation in Canada?
A Criminal Rehabilitation Application helps you travel to Canada freely without the constraints of a previous offence. In order to apply for criminal rehabilitation, you must meet certain conditions: 1 5 years must have passed since you completed all your probationary periods, fines and sentences. 2 You committed a crime outside of Canada that is deemed a crime under the laws where the offence occurred AND would be punishable by Canadian law.
How long is a probationary sentence?
Imprisonment and parole: 5 years from the completion of the parole. Probation: 5 years from the end of the probation period. Driving probation: When you are prohibited from driving. 5 years from the end of the probation.