Individuals charged or convicted of a misdemeanor or felony, irrespective of their nationality, may face inadmissibility to Canada due to criminality, leading to potential denial of entry at the border. While a Temporary Resident Permit (TRP) offers a short-term solution, allowing entry for a limited duration with specific reasons, it is not a permanent fix. Although a TRP can be granted for up to 36 months, obtaining one for a period exceeding two years is challenging. Depending on the circumstances, immigration officials may issue a TRP only for the duration of a single visit, making a long-term solution more favorable.
Criminal Rehabilitation (CR) emerges as a permanent remedy, allowing individuals to overcome inadmissibility permanently. Once granted Canadian Rehabilitation, individuals, including Americans with a DUI or other criminal records, should no longer face border crossing issues. Unlike a TRP, CR does not necessitate a specific reason for entering Canada, making it an attractive option for those seeking leisure travel.
Rehabilitation for Americans with a DUI
As of December 18th, 2018, a DUI is considered a serious offense in Canada under stringent impaired driving laws, carrying potential imprisonment of up to a decade. Individuals with a single misdemeanor DUI after this date are no longer automatically deemed rehabilitated after ten years. To address inadmissibility long-term, such individuals need to apply for Criminal Rehabilitation. Other impaired driving convictions and civil violations, such as DWI, DWAI, OWI, OVI, wet reckless driving, and dry reckless driving, can also lead to permanent inadmissibility. Even before the legal changes, Americans with multiple DUI convictions or a single DUI involving a car crash could face denial of entry, sometimes even decades later, unless approved for DUI Rehabilitation.
Eligibility for Canadian Criminal Rehabilitation
To be eligible for Canada Criminal Rehabilitation, an individual must have completed their entire sentence, including probation, at least five years prior to applying. Completion involves payment of fines, restitution, mandated courses, community service, probation finalization, and reinstatement of a driver’s license. The Canadian government prefers individuals eligible for CR to apply for it rather than a TRP, as it involves a more comprehensive process, including background checks at state and federal levels.
How to Become Eligible for Canada Rehabilitation
Eligibility for Criminal Rehabilitation starts once an individual completes their full sentence, including probation. The completion of sentencing includes fulfilling financial obligations, mandated courses, community service, and reinstatement of driving privileges. The eligibility clock does not start ticking until all requirements, including restitution for financial losses, are met. Electronic monitoring programs, such as GPS tracking or Soberlink devices, may be part of probation, and eligibility starts upon their completion.
Canada Application for Criminal Rehabilitation 2023
The application for Criminal Rehabilitation in Canada is form IMM1444, available for download on the Immigration Canada website. Similar to a Temporary Resident Permit application, applying for Criminal Rehabilitation is a complex legal process, and seeking the assistance of a qualified attorney is highly recommended. The application requires detailed personal information, residential addresses, and a thorough employment history since age 18. It also demands extensive supporting documentation to substantiate the application.
Required Police Documents
A DUI Criminal Rehabilitation application necessitates police documents from various authorities, including criminal clearance from all countries lived in for six months or more since turning 18. American applicants require state certificates or letters from police authorities in each state lived in for over six consecutive months since adulthood. Additionally, a national FBI certificate is mandatory.
Best Method for Fixing Canada Criminal Inadmissibility
For those with criminal inadmissibility, either a Temporary Resident Permit or Criminal Rehabilitation offers a solution. Eligible individuals are advised to choose Criminal Rehabilitation, considering its permanence. Those needing immediate access to Canada may apply for both a TRP and Criminal Rehabilitation. Retaining a legal professional, especially one offering discounts for both applications, can streamline the process and increase the chances of success.
Canada Rehabilitation Processing Time
The processing time for Canadian Criminal Rehabilitation is relatively long, ranging from 6+ months for simple applications to 12+ months for complex ones. This duration is longer than the TRP processing time, which can be as short as 3 to 4 months. Eligibility for CR requires completing the entire sentence at least five years before applying, making it unsuitable for recent convictions. The processing time may vary based on the severity of the offenses.
Canada Criminal Rehabilitation Lawyer
Given the complexity of the Criminal Rehabilitation application, seeking the services of a qualified Canadian immigration lawyer is recommended. Contrary to misconceptions, there is no online application for Criminal Rehabilitation; it must be mailed or submitted by an authorized representative. A lawyer can handle paperwork, maximize chances of success, and ensure correct submission.
Criminal Rehabilitation Fee for DUIs
The Government of Canada charges a processing fee for Criminal Rehabilitation, with a higher fee for serious crimes. As of December 2018, a DUI is considered a serious crime, potentially requiring a larger processing fee. The fee depends on the severity of the offense and can be clarified by consulting a legal professional.
Criminal Rehabilitation So You Can Immigrate to Canada
Criminal inadmissibility can hinder permanent residence through Express Entry or Spousal Sponsorship in Canada. Approval for Criminal Rehabilitation is essential to overcome inadmissibility and gain lawful access to Canada. The process involves assessing an individual’s likelihood of future criminal activity, considering factors such as the nature of offenses, time elapsed, and moral character.
Criminal Rehabilitation vs. Deemed Rehabilitation
For individuals with a single non-serious conviction long in the past, automatic Deemed Rehabilitation may be an option, eliminating the need for manual Criminal Rehabilitation. Serious crimes, including felonies, may necessitate the application for CR. Recent changes in DUI laws make automatic Deemed Rehabilitation unlikely after ten years for DUI offenses. For lifelong inadmissibility, applying for Criminal Rehabilitation becomes a crucial option.
In conclusion, individuals facing criminal inadmissibility to Canada have options, with Criminal Rehabilitation offering a permanent solution. Seeking legal assistance can enhance the chances of success in the application process.
