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Citizens of a foreign country who are criminally inadmissible into Canada for any reason cannot enter the country without getting a special authorization from the Canadian immigration authorities.

Persons with (or without) a criminal record can get a Temporary Residence Permit (TRP) and can travel to and enter Canada. This is a time-bound permit and needs furnishing of a credible reason to enter the country. The TRP is generally issued for 36 months, but this is rarely adhered to. It is difficult to get a TRP for longer than two years and often, it is granted only to cover the exact reason given in your application. This could even be just for a day or two.

However, another route open to such persons is the Criminal Rehabilitation (CR) application. This can help those with criminal records overcome their inadmissibility. CR is colloquially known as a “pardon.”

What Is Criminal Rehabilitation?

This is a process in which foreign nationals can petition the Canadian government for permanent relief/clemency/forgiveness for particular crimes committed outside Canada. When this process is completed, their prior criminal records will no longer make them inadmissible into Canada. The results are similar to a full pardon or expunging of records.

To apply for CR you should have been convicted of an infarction or committed an act that would be classified as an offense under a federal act of parliament. At least five years should have elapsed since completion of all sentences/fines/probation.

It is important to locate a similar offense under Canadian law, since the severity of an equivalent act under Canadian jurisdiction will be the benchmark on which it is evaluated.

How the act was dealt with in a foreign country is not relevant, instead, a Canadian equivalent has to be identified and assessed on the kind of penalties that would be imposed in similar circumstances.

Foreigners convicted of single infarctions more than ten years ago may be deemed rehabilitated.

Under this system, even a DUI offense would be considered as grounds for inadmissibility. Hence, applying for Criminal Rehabilitation is a complex and difficult process. It’s recommended that you seek the advice and assistance of a qualified, experienced immigration lawyer who has expertise in dealing with such cases.

Do Canadian Immigration Authorities Recognize Foreign Rehabilitation?

The main issue at hand is that though on completion of your sentence/probation/fine etc you are deemed to have been rehabilitated by your own country, whether Canadian immigration authorities will accept a foreign country’s decision that their citizen has been adequately rehabilitated.

Certain countries like the UK have legislation that declares a conviction as “spent” after a certain time has elapsed after completion of the criminal conviction process. This means that the person is to be treated as someone who has not been charged, prosecuted for, convicted or sentenced for the offense.

Canadian authorities today rely on their own independent assessment when presented with such cases. They evaluate whether that country’s legal system is similar to Canada’s, the foreign laws are similar to Canadian laws and whether there are valid reasons not to recognize that foreign law.

The gravity of the offense is also taken into consideration while making the assessment.

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