In Canada, individuals who are inadmissible due to past criminal activity may apply for criminal rehabilitation to overcome their inadmissibility. This process is governed by Immigration, Refugees and Citizenship Canada (IRCC) and, where applicable, the Parole Board of Canada (PBC).
Criminal Rehabilitation: Rehabilitation allows an individual to request forgiveness from the Government of Canada for a past crime or crimes. Applicants must show that they have led a stable life since the conviction and are unlikely to reoffend. Generally, applications can be submitted at least five years after completing the criminal sentence.
Record Suspension (Pardon): Individuals with a Canadian criminal conviction may require a record suspension (formerly called a pardon) from the PBC. This sets the criminal record aside and may be necessary to successfully overcome inadmissibility.
Eligibility & Application: Eligibility depends on the type of conviction and time since the sentence ended. Applications are submitted to IRCC and can be made from inside or outside Canada. The package must include the required forms and supporting documentation.
Decision: IRCC officers review applications and may grant temporary permission to enter Canada if less than five years have passed since the sentence.
Because the process is complex, seeking experienced legal guidance is strongly recommended to ensure all requirements are properly met.
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