Are you inadmissible as a result of a criminal conviction? Could a certificate of rehabilitation or deemed rehabilitation apply to your case? At Bellissimo Law Group PC we can help!
Section 36 of the Immigration and Refugee Protection Act sets out when a permanent resident and/or foreign national may be found to be inadmissible to Canada as a result of criminality, as follows:
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.
(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.
(3) The
following provisions govern subsections (1) and (2):
(a) an
offence that may be prosecuted either summarily or by way of indictment is
deemed to be an indictable offence, even if it has been prosecuted summarily;
(b) inadmissibility
under subsections (1) and (2) may not be based on a conviction in respect of
which a record suspension has been ordered and has not been revoked or ceased
to have effect under the Criminal
Records Act, or in respect of which there has been a
final determination of an acquittal;
(c) the
matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not
constitute inadmissibility in respect of a permanent resident or foreign
national who, after the prescribed period, satisfies the Minister that they
have been rehabilitated or who is a member of a prescribed class that is deemed
to have been rehabilitated;
(d) a
determination of whether a permanent resident has committed an act described in
paragraph (1)(c) must be based on a balance of probabilities; and
(e) inadmissibility
under subsections (1) and (2) may not be based on an offence
(ii) for
which the permanent resident or foreign national is found guilty under
the Young Offenders Act,
chapter Y-1 of the Revised Statutes of Canada, 1985, or
(iii) for which the permanent resident or foreign national received a youth sentence under the Youth Criminal Justice Act.
Pursuant to subsection 36(3)(c)
above, inadmissibility to Canada or for commission of an act outside of Canada
for which rehabilitation has been granted by the Minister, or where the
applicant has been deemed rehabilitated.
Please note that in
determining whether or not an offence renders a migrant inadmissible to Canada
pursuant to subsection 36(1)(b) or 36(2)(b), thus requiring a certificate of
rehabilitation, an equivalency assessment will need to be conducted. Determining
equivalency to properly assess admissibility to Canada is a challenging task. Please
call our office for further information on how we can assist with equivalency
assessments.
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 Law Group PC or another authorized representative to determine if these provisions remain current and/or any applicability of these provisions 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
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 of 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 as to its
applicability. To learn more contact Bellissimo
Law Group PC
Application Process
for Rehabilitation and 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
$1000. In comparison, when applying to be deemed rehabilitated there is no
processing fee, no formal application package and no discretionary decision –
although a legal submission is still recommended. If the foreign national or
permanent resident meets certain requirements, they will be deemed
rehabilitated.
The following factors are
considered in determining whether a foreign national or permanent resident has
been rehabilitated or deemed rehabilitated:
They appear unlikely to commit further offences;
They lead a stable lifestyle; and,
They do not have a pattern of offences
indicating a criminal lifestyle.
A number of additional
considerations will 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 generally motivated
towards material gain;
Whether the individual has had numerous changes
in residence and inability to provide consistent financial support; and
Whether the individual has instability in
employment, family life, and living situation.
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, an application
for leave may be submitted to the Federal Court of Canada.
Contact Bellissimo Law GroupPC today for further information on how we can assist with your rehabilitation or deemed rehabilitation application.
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
RYAN COWLEY
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
16:00 12 Aug 19
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
16:51 06 May 19
Bellissimo Law Group did a wonderful job. They helped me and my family obtain work permits in Canada. They were responsive, professional, and got the job done in a timely manner with no issues. I would absolutely work with them in the future.
Eric Blomster
11:58 30 Aug 19
Bellissimo Law Firm has great lawyers who have handled our immigration case. The staff was very professional. We are very happy with their service.We had to go through a tough ordeal because of misrepresentation earlier and our file was rejected. That is when we assigned this case to Mario Bellissimo. I would happily refer his law firm to any one whose in the same situation as ours or any immigration related matter.I would like to mention a special thanks to Tamara who was in touch with us and kept as posted. Mario had 100% confidence in our case that we will win which was very assuring for me and my family. And we finally got our permanent residency.God bless him and his firm.
mubina fatima
18:35 15 Sep 19
Our family could not thank you Bellissimo Law Group enough for all their help on my brother's case. We are very thankful for their professionalism, effort and hard work. We truly appreciate for everything that the team has done for us. Especially Keely, I cannot thank her more for her patience, advice and explanation throughout the whole process. I know that this has been a tough and long battle for all of us and finally it is a dream come true. Words cannot describe how thankful and happy we are. To us, thank you is not enough to express our appreciation, I would call them the lifesaver for our family. Once again, thank you and we wish everyone all a continue success.
April Cheng
07:05 24 Sep 19
Great communication and appointment setup. Mr. Bellissimo was quite frank and candid and spoke openly and candidly. Gave me the right advice to wait till a certain stage to file my case.
Imran Butt
01:53 01 Oct 19
I really appreciate Bellissimo Law group for helping me out especially in obtaining my postgraduate work permit. I was in an unfortunate situation where there was a chance of my application being rejected but I was able to obtain it in the end. I especially thank Michelle for helping me out throughout this whole process. It was not easy but she was able to respond to my questions and answer them in a very informative and prompt manner. I definitely recommend Bellissimo Law group.
JH C
20:23 17 Oct 19
I am indebted to Ms. Viola Gniadek, Mr. Mario Bellissimo and the entire team at Bellissimo Law Group for having assisted me with my Spouse’s Open Work Permit & Children’s Study Permits that were denied unfairly and arbitrarily -Twice consecutively - earlier this year. Viola assisted me in putting together my family’s file from scratch, over a period of 2 months. This would be my third attempt, and my first time with the law firm. There were times I had bouts of anxiety given the air of uncertainty and hopelessness but Viola was always there to calm my nerves and was very quick in her email responses. The firm knows what they’re doing and they do it very, very well!Absolutely recommended and I will not hesitate in using their services again in future, should there be a need 🙂
Nabil Valiulla
21:58 17 Oct 19
Life changing experience. Simply brilliant! Kelly Anderson is very professional and friendly. Our son is special needs kid and with all Bellissimo Law Group support we got our PR only in 8 moths.
