Deemed Rehabilitation

You may be deemed rehabilitated, depending on:

• the crime you committed
• how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
  • 10 years for one indictable offence
  • five years for two or more summary convictions
• whether you have committed one or more crimes and
• if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Find out about:

• Being assessed by a visa office
• Being assessed at a Canadian port of entry
• Travelling without applying for rehabilitation
• Self-assessment for deemed rehabilitation

Being assessed by a visa office

You do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter the country. Otherwise, you could be found inadmissible to Canada when you arrive at the border. It is in your best interest to be assessed by the Canadian embassy, high commission or consulate responsible for your area. This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement action.

Note: If you live in the U.S., Canadian visa offices in the U.S. do not use this process. Please see Being assessed at a Canadian Port of Entry.

To be assessed, fill out an application for Rehabilitation but in Section A, check the box “for information only.”   (You should also do this if you know you are not eligible to apply, but would like to find out about possible options for entering Canada. See Coming to, or Remaining in Canada Without Approval of Rehabilitation for more information.)

You will not have to pay a processing fee. An officer will review the form and tell you what to do next. You may be asked for other documents, or to attend an interview.

Mail your application to the Canadian visa office responsible for your area.

Your application and any supporting documents will be reviewed to find out if you can be deemed rehabilitated. Some of the factors that will be considered:

• how many crimes you committed
• the circumstances and seriousness of each crime
• your behaviour since committing the crime(s)
• your explanation of the crimes and why you are not likely to do it again
• any support you receive from your community
• why you think you are rehabilitated and
• your present situation.

If you are not deemed rehabilitated, you may apply for individual rehabilitation.

Being assessed at a Canadian Port of Entry

If you live in the U.S. you may travel to a Canadian Port of Entry and ask to be assessed.  You must bring all documents related to your criminal history in support of your claim of being rehabilitated. See which documents you need [Document Checklist – Rehabilitation (PDF, 33 KB) (PDF, 179.76KB)]. An immigration officer at the port of entry will review them to determine if you can be deemed rehabilitated and allowed to enter Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.

Assessment of deemed rehabilitation at a Port of Entry is a completely different process from applying for rehabilitation at a visa office. Visit the website of the office where you will be submitting your application for a list of requirements.

Note: if you do not want to risk being denied entry to Canada or subject to other enforcement action, you should apply according to the visa office’s instructions before approaching the Port of Entry. A fee is required.

If you live overseas, you may also travel without applying, but be aware that you are risking being turned away at the port of entry. See Being assessed by a visa office above to find out how to keep this risk at a minimum.

Self-assessment for deemed rehabilitation

You are eligible to apply for deemed rehabilitation at a port of entry if:

• you only had one conviction in total or committed only one crime
• at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
• the crime you committed is not considered a serious crime in Canada AND
• the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

A request for deemed rehabilitation is not guaranteed to be approved.

If you think you are eligible, be sure you have these documents if you travel to Canada:

• passport or birth certificate plus photo identification
• a copy of court documents for each conviction, and proof that all sentences were completed
• a recent criminal record check
• a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.

If you are deemed rehabilitated, you will be allowed to enter Canada if you meet the other requirements. If not, you are still criminally inadmissible and you will not be allowed into Canada.