Are you unsure that you are inadmissible to Canada as a result of a past criminal offence or conviction?
You may not be – not every overseas conviction has a Canadian equivalent!
If it does, a Certificate of Rehabilitation or Deemed Rehabilitation could apply to your case.
At Bellissimo Immigration Law Group PC, we can help you make sense of it all and find solutions!
To provide an overview, the assessment starts with where you were convicted (in Canada or another country), how serious the conviction was, and if there is a Canadian equivalence. While accurately assessing admissibility to Canada is a challenging task, be sure that a qualified expert can help you assess it.
What makes someone inadmissible?
Section 36 of the Immigration and Refugee Protection Act sets out when a permanent resident and/or a foreign national may be found to be inadmissible to Canada as a result of past criminal convictions, which would involve “criminality” or “serious criminality”:
36(1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
36 (2) A foreign national is inadmissible on grounds of criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.
As indicated, what matters the most is how your offence and conviction will be treated in Canada. There are two ways the Court can convict an individual in Canada – by Summary or Indictment. A Summary conviction is less serious while a conviction on Indictment carries more serious consequences. It is similar to USA’s legal system, which has misdemeanors (less serious) and felonies (more serious).
Assessing the type of conviction is an important consideration because even if your conviction was equivalent to a Summary offence (Canada), if it could possibly be prosecuted by Summary or an Indictment (referred to as a “Hybrid” offence), Immigration, Refugees and Citizenship Canada (IRCC) will consider it an Indictment absolutely, which could mean the difference between “criminality” or “serious criminality”, and that makes a significant difference when considering relief applications.
Outside the basics, there are many other factors to consider, such as:
How old you were when you were convicted
How the Court dealt with the matter. If you received a “Stay”, a “Discharge”, “Peace bond”, “Deferral”, or even an “Expungement” (this may not be considered a conviction in Canada for the purposes of immigration).
If you received a Pardon, there may be a way to advocate on your behalf.
As well, if you have only been charged, and not yet been convicted – it is key to learn the collateral immigration consequences before accepting any plea – be sure to speak to a qualified immigration lawyer.
If already convicted of a criminal offence or found to have “committed such an act”, and determined to be inadmissible to Canada, a Certificate of Rehabilitation, deemed or individual is an option if enough time has passed.
Eligibility for Rehabilitation and/or Deemed Rehabilitation
Section 17 and 18 of the Immigration and Refugee Protection Regulations sets out the prescribed periods for rehabilitation. For ease of review, a summary of eligibility requirements for rehabilitation and deemed rehabilitation based on various types of offences and convictions is provided below current to the time of posting. Please consult with Bellissimo Immigration Law Group PC or another authorized representative to determine if these provisions remain current and/or are applicable to your case.
Please note that the eligibility date differs depending on the type of sentence imposed. The below list provides general guidance when assessing the eligibility date for the five-or ten-year waiting period:
With respect to a suspended sentence, count five or ten years from the date of sentencing;
With respect to a suspended sentence accompanied by a fine, count five years from the date the fine was paid, or the date of the last payment;
With respect to imprisonment without parole, the eligibility date is five or ten years from the end of the term of imprisonment;
With respect to a sentence of imprisonment with parole, count five or ten years from the completion and discharge from parole;
With respect to probation only, the eligibility date will be five or ten years from the end of the probation period; and,
With respect to a driving prohibition, count five or ten years from the end date of the prohibition. This last point is arguable when it comes to its applicability. To learn more, contact Bellissimo Immigration Law Group PC.
Application Process seeking Rehabilitation and/or Deemed Rehabilitation
If eligible, a person may submit a formal application for rehabilitation. A $200 processing fee is required for those who are inadmissible for criminality only. For individuals who are inadmissible for serious criminality, the processing fee is $1,000. In comparison, when applying to be deemed rehabilitated, there is no processing fee, no formal application package, and no discretionary decision – although mandatory supporting documents are still required to establish eligibility, and a legal submission is still recommended. Deemed Rehabilitation is not an option for those who are inadmissible for serious criminality.
The legal test IRCC utilizes to determine if an individual has been Rehabilitated includes whether the individual leads a stable life versus that of a criminal type of lifestyle, is a risk for re-offending, and has been effectively reformed and rehabilitated
A number of considerations that assist in the officer’s assessment, including:
Whether the individual has a minimal offence history;
Social and vocational skills;
Counseling or therapy to attain rehabilitation;
Establishment in the community;
Whether the individual displays a fair degree of comfort with a criminal lifestyle;
Whether the individual displays a pattern of long-term involvement with criminal activities;
Whether the crimes are motivated towards material gain;
Whether the individual has had numerous changes in residence and inability to provide consistent financial support;
Whether the individual has instability in employment, family life, and living situation; etc.
Further, those with the following convictions or exhibiting the following behavioural traits may require an interview and a thorough assessment of their background:
Pattern of offences that suggests a criminal lifestyle;
Use of weapons or explosives;
Violence or hostage-taking;
Sexual assault;
Substance or alcohol abuse;
Use of force;
Trafficking of narcotics; and,
Fraud.
Review of applications for Rehabilitation often involves a two-stage review and the ultimate decision-maker is not obliged to accept the recommendation of the immigration officer who first reviewed the application. The final decision will be communicated in writing. Where a negative decision has been rendered, there may be merit to challenge the refusal to the Federal Court of Canada.
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
Charles Andoscia
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
Arman Hamzehlou Kahrizi
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
soul traore
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
M. Pidlaoan
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
Arwen Zemborain
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Brad Greiner
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Maria Hermansky
sandy Lou
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
Cutie Pie
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
