An Individual rehabilitation application is required to live in Canada. In order to be eligible, an individual must have committed an indictable crime in a country other than Canada and be convicted of the crime. To qualify for rehabilitation, the offence must have been committed at least five years ago. In addition, an applicant must have no criminal history during that five-year waiting period. The process of completing the application is quite straightforward, so there are a few steps to follow.
There are many different processes that must be followed when applying for rehabilitation. The process may take anywhere from a few weeks to several months, depending on the severity of the crime. An applicant must show that five years have passed since the sentence was imposed and that they have no intention of committing another crime. The application fee is anywhere from $200 to $1000 in Canadian dollars, depending on the crime committed. Once granted, a rehabilitation will remain valid for as long as the individual has no criminal history.
In addition to a criminal history, an individual must also have a pending rehabilitation application. The government of Canada must approve a rehabilitation application if an individual has served more than five years of a criminal sentence. However, an individual can apply for rehabilitation outside Canada, provided they provide the appropriate documentation. Inadmissibility due to crimes committed outside of Canada may also be overcome with a record suspension from the Parole Board of Canada.
Depending on the nature of the crime, an individual may be deemed rehabilitated after 10 years. This is a popular option for visitors to Canada who may have committed a crime more than 10 years ago. The deemed rehabilitation program will also require a legal opinion letter stating that the individual has a clean record, and is unlikely to commit a crime again. The goal of deemed rehabilitation is to help the person lead a good life.
The process to apply for rehabilitation for serious criminality is similar to that for non-serious criminality, except for processing time and fees. However, the processing fees for serious criminality are higher, so applicants should hire an immigration lawyer to assist them. It is recommended that they use a Canadian immigration lawyer for assistance with the application process. The lawyer will be able to provide information on the application process and identify required documents. The fee is approximately $400.
An application for individual rehabilitation will take a year or more to process. An immigration officer will review the application and make a recommendation, either positive or negative. An immigration officer will forward the application to a higher authority. This authority will either approve the rehabilitation or reject it. For more serious offences, the decision will be made by the Minister of Immigration, Refugees, and Citizenship. The processing time for rehabilitation applications is generally more than a year, after which the applicant will receive written notification of the decision.