Applications for Rehabilitation and Pardon

Applications for rehabilitation and pardon permit entry into Canada for those who may be otherwise inadmissible to Canada. Unless you make a rehabilitation application, it would be illegal to come to Canada as a permanent resident or as a visitor if you have a criminal record and you have not obtained special permission from Citizenship and Immigration Canada (CIC). In order to obtain permission from CIC, you must apply for what is called Application for Rehabilitation or for a Minister’s Permit.

 

This is done by completing the relevant application forms and submitting same and supporting documentation to the relevant Canadian High Commission if you are outside Canada. There are, however, certain circumstances under which the mere passage of time overcomes the problem and allows entry into Canada; these are known as deemed rehabilitation in which the person is “deemed” to have been rehabilitated since a long time has passed from the commission of the offence and completion of the sentence.

In cases of foreign criminal records, the jurisprudence of Federal Court demonstrates that the alternative may be to apply for a pardon from the country in which the offence was committed if the laws of that country are similar to Canadian laws. The best option, however, is to deal with and obtain pardon (in cases of Canadian records) or rehabilitation certificate from Canadian authorities.

The application for rehabilitation or for a pardon is absolutely necessary since people who have a criminal record in Canada may have their status revoked and deported from Canada. The existence of a criminal record is a serious obstacle which may even jeopardize other family members’ chances of obtaining PR status. It may also delay or prevent obtaining Canadian citizenship. Even if you have been in Canada all your life as a landed immigrant, you may still be deported if you are charged and convicted of a criminal offence. At Citizenship and Immigration Centre we have successfully dealt with many such cases.

To obtain further information or to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473.