EXPLORE THE DETAILS
Service details
Overcoming criminal inadmissibility to Canada
A person with a criminal record or history of offenses abroad may be deemed inadmissible to Canada. Depending on the nature of the offense, its severity, and the time elapsed, the person may be considered rehabilitated by law or may apply for Criminal Rehabilitation.
When can you apply?
For an individual rehabilitation application, there must generally be at least 5 years since the completion of the full sentence or since the date the act causing the inadmissibility was committed, depending on the case.
Certain cases may be considered rehabilitated by law once enough time has passed and specific conditions are met. This must be assessed based on the equivalent offense under Canadian law.
What is the difference between a TRP and rehabilitation?
A Temporary Resident Permit (TRP) is a temporary solution for certain cases with compelling reasons to enter or stay in Canada. Criminal Rehabilitation is intended to resolve criminal inadmissibility once the applicant meets the requirements.
KeyApply support
KeyApply assists in gathering court judgments, police records, evidence of sentence completion, establishing timelines, and coordinating the file. Determining the equivalent offense under Canadian law and providing legal advice is performed by a lawyer or an appropriately licensed representative.
Note: Being eligible does not guarantee that the application will be approved.
FREQUENTLY ASKED QUESTIONS
I submitted my PR before getting married; IRCC now requires an update to IMM 0008, and my spouse has a prior DUI in the US. Can I choose "Accompanying"?
You must declare your marriage and spouse as required by IRCC. "Accompanying" means the spouse intends to apply for PR alongside you in this application; choosing "Yes" does not guarantee approval. A US DUI can lead to inadmissibility; court records, equivalent offenses in Canada, the date all penalties were completed, and other criminal history must be assessed. For offenses occurring before December 18, 2018, they may be considered under the sentencing laws applicable at that time, and some files may qualify for deemed rehabilitation after at least 10 years from the date the sentence was completed. A court disposition or case closed does not automatically prove immigration rehabilitation. If the IRCC deadline is very short, you should immediately have an RCIC or a lawyer experienced in criminal inadmissibility review the case and respond on time.
If I choose "Non-accompanying", will my spouse's DUI still affect my PR application?
It may. Even if not accompanying, the spouse must still be declared and, in most cases, must complete medical and background checks as required; an inadmissible spouse may impact the principal applicant, depending on the program and applicable legal exceptions. Choosing "No" is not a guaranteed measure to avoid risk.
If I choose "Non-accompanying", can I sponsor my spouse to Canada after I receive PR?
You may be considered for sponsorship later if you are eligible, the spouse was declared and checked as required in the original PR file, and they are not otherwise inadmissible. Future sponsorship is not automatically approved; the DUI and admissibility issues must still be resolved. You must not omit declaring your spouse or refuse their examination just to receive your PR sooner.
With a DUI from 2008, having paid fines and holding a court document confirming the case is closed, have I met the 10 years required for deemed rehabilitation?
It is not possible to conclude this solely based on the year the event occurred. It is necessary to determine the date the entire sentence was completed (including probation, license suspension, and financial obligations if part of the sentence), the number of offenses, the court outcome, and the equivalent offense under Canadian law. If you do not meet deemed rehabilitation, you may need an assessment for individual rehabilitation. US citizens must also meet Canada's entry requirements.
IRCC Resources: IMM 0008; DUI; Deemed rehabilitation; Declaring and examining family members.
General information; does not replace legal advice for individual cases.
Discuss your case with KeyApply
Provide your needs, case status, and goals regarding Criminal Rehabilitation so that KeyApply can discuss appropriate support options.
Email: info@keyapply.com. You can call, email, or message us via KeyApply.com.
Events and Live Streams on immigration
CONNECT WITH KEYAPPLY
Discuss this service.
Leave your contact information and tell us how we can help.