Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
Table of Contents
This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.
For legal information, consult the following documents:
Overview
Application package
This application package consists of:
- an instruction guide, and
- the required forms
The instruction guide is a tool that provides:
- the information you must know about this application before sending it to us, and
- assistance with how to fill out the forms and the required supporting documents
Read the instruction guide thoroughly and then fill out each of the applicable forms.
The forms are specifically designed with questions that will assist the processing of your application.
Symbols used in this guide
This guide uses the following symbols to indicate information of particular importance.
What you must do to have your application processed.
Important information that you need to be aware of in order to avoid delays or other problems.
Where to get more information.
Tips that will assist you with this application.
Who may use this application
This guide is for applicants who might be considered inadmissible to Canada. It explains under what conditions you can apply to overcome the inadmissibility. Under Canada’s Immigration and Refugee Protection Act, temporary residents and applicants for permanent residence in Canada may not be able to come to Canada if they have been involved in criminal activity. An application for rehabilitation and instructions on how to complete it are included.
Determining inadmissibility
Are you inadmissible because of past criminal activity?
In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:
- was convicted of an offence in Canada;
- was convicted of an offence outside of Canada that is considered a crime in Canada; or
- committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.
Have you been charged, discharged or pardoned?
This section will help you determine if you are inadmissible if you have been charged, discharged or pardoned.
For charges withdrawn or dismissed:
- If the offence occurred in Canada, you are not inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
For an absolute or conditional discharge:
- If the offence occurred in Canada, you are not inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
Pardon granted:
- If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
- If the offence occurred outside Canada, you may be inadmissible.
If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
Note: As of March 13, 2012, the term "pardon" has been replaced with "record suspension" in the Canadian Criminal Records Act (CRA) under Bill C-10.
Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.
You are not inadmissible if:
- you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
- you were treated as a young offender in a country which has special provisions for young offenders, or
- you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.
You are inadmissible if:
- you were convicted in adult court in a country that has special provisions for young offenders.
- you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada"
Overcoming criminal inadmissibility
Criminality
Convictions / offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
- by applying for rehabilitation, or
- you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.
Convictions / offences in Canada
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.
Note: Do not complete the forms in this guide until you have received your record suspension.
You can request a Record Suspension Application Guide or additional information from:
Parole Board of Canada
Clemency and Record Suspension Division
410 Laurier Avenue West
Ottawa, Ontario
K1A 0R1
Telephone: 1-800-874-2652 (Callers in Canada and the United States only)
Fax: 1-613-941-4981
Email: suspension@pbc-clcc.gc.ca
Website: https://www.canada.ca/en/parole-board.html
(The instructional guide and application forms can be downloaded from the website)
In order to be considered for a record suspension under the Criminal Records Act, a specified period of time must pass after the end of the sentence imposed. The sentence may have been payment of a fine, period of probation, or imprisonment.
Note: Once you have a copy of the record suspension, submit a photocopy to a Canadian visa office or Citizenship and Immigration Centre. If you are travelling to Canada carry a copy of the record suspension with you.
If you have had two (2) or more summary convictions in Canada, you may no longer be inadmissible if:
- at least five (5) years have passed since all sentences imposed were served or to be served,
- you have had no other convictions.
Convictions in Canada and convictions or offences outside of Canada
If you have convictions in Canada and convictions or offences outside of Canada, both an approval of rehabilitation and a pardon are required to overcome your inadmissibility.
Note: Your request for rehabilitation cannot be made until you have first obtained a record suspension, except if you have only one (1) summary conviction in Canada. In such instances, you may submit an application for rehabilitation for any convictions or offences outside Canada if you can provide evidence that you have submitted an application for a record suspension to the Parole Board of Canada (PBC).
Rehabilitation
What is rehabilitation?
Rehabilitation removes the grounds of criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.
You are eligible to apply for rehabilitation if you have:
- committed an act outside of Canada and five (5) years have elapsed since the act;
- been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.
Eligibility for rehabilitation
This section gives a summary of the type of offences and length of rehabilitation periods.
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
- You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
- You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
- You are deemed rehabilitated: at least ten years after commission of the offence.
- You are eligible to apply for rehabilitation: five (5) years after commission of the offence.
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
- You are deemed rehabilitated: not applicable.
- You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
- You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
- You are eligible to apply for rehabilitation: not applicable.
Note: To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada. See section Overcoming Criminal Inadmissibility for more information.
Calculating the five (5) year waiting period
The following section explains how to determine the eligibility date for the five (5) year waiting period for different types of sentences.
Suspended sentence: count five (5) years from the date of sentencing.
Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.
Imprisonment without parole: count five (5) years from the end of the term of imprisonment.
Imprisonment and parole: count five (5) years from the completion of parole.
Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.
Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.
Examples of calculating the five (5) year period
The following are three (3) examples of how to calculate the five (5) years waiting period:
Example 1: I was convicted of a crime on December 13, 2002, and received a jail sentence of three (3) months. When will I be eligible to apply for rehabilitation?
You can apply for rehabilitation five years after the end of the sentence imposed. If your three (3) month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.
Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three (3) years. When am I eligible to apply for rehabilitation?
The sentence imposed ends on June 3, 2006. Count five (5) years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.
Example 3: I have one conviction for which I was given three (3) years of probation. Do I apply for rehabilitation after my probation is finished?
No. You are not eligible for rehabilitation until five (5) years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five (5) years after you complete your probation.
Coming to or remaining in Canada without approval of rehabilitation
If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada. To do this, complete the Application for Criminal Rehabilitation [IMM 1444] (opens in a new tab) and make sure you check the box that states “For Information Only”. Attach the documents outlined in the Document Checklist.
Note: There will be processing fees for applications for special permission to come into or remain in Canada. You will be advised of the processing fees at the time, or you can pay your fees online.
After reviewing the application and the nature of the offences, number of offences, when they happened and your current situation, the officer will advise you according to the following:
At Canadian visa offices outside of Canada
- advise that they do not recommend that you travel to Canada; or
- advise that you could apply for special permission (temporary resident’s permit) to enter Canada.
At Ports of Entry (airport, marine or land)
(Contact your nearest Canadian visa office before travelling to Canada.)
- advise that you will not be allowed to enter Canada and ask you to return immediately to your country of departure;
- take enforcement action (arrest, detention and/or removal); or
- advise that you could apply for special permission (temporary resident’s permit) to enter Canada.
In Canada
- ask that you leave Canada voluntarily;
- take enforcement action (arrest, detention, and/or removal from Canada); or
- advise that you could apply for special permission (temporary resident’s permit) to remain in Canada.
Complete the application
Filling out the application
The following are the forms that must be filled out and submitted:
- Document Checklist [IMM 5507] (opens in a new tab)
- Application for Criminal Rehabilitation [IMM 1444] (opens in a new tab)
- Use of a Representative [IMM 5476] (opens in a new tab) , if applicable
Important information: It is a serious offence to give false or misleading information on these forms. The information you provide on your application is subject to verification.
Be complete and accurate
If your application is incomplete it may be returned to you and this will delay the processing of your application.
If you need more space for any section, print out an additional page containing the appropriate section, complete it and submit it along with your application.
Use of a Representative (IMM 5476)
Who may use this form?
Complete this form only if you:
- are appointing a representative;
- have to update contact information for your previously appointed representative; or
- are cancelling a representative’s appointment.
If you have dependent children aged 18 years or older, they are required to complete their own copy of this form if a representative is also conducting business on their behalf.
Who is a representative?
A representative is someone who provides advice, consultation, or guidance to you at any stage of the application process, or in a proceeding and, if you appoint them as your representative by filling out this form, has your permission to conduct business on your behalf with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
You are not obliged to hire a representative. We treat everyone equally, whether they use the service of a representative or not.
When you appoint a representative:
- you also authorize IRCC and CBSA to share information from your case file with this person in place of you. Please note the representative will receive all correspondence from IRCC or the CBSA, not the applicant;
- your application will not be given special attention nor can you expect faster processing or a more favourable outcome;
- the representative is authorized to represent you only on citizenship or immigration matters related to the application you submit with this form; and
- you can appoint only one (1) representative for each application you submit.
Important information: You must notify IRCC if your representative’s contact information changes, or if you change your representative, or cancel the appointment of your representative. For more information on updating IRCC with your representative’s information, please see below section - Notify IRCC about any changes.
There are two (2) types of representatives.
Uncompensated Representatives:
Uncompensated representatives do not charge fees or receive any other form of consideration or compensation for providing advice or services to represent you before IRCC or the CBSA.
Uncompensated representatives include:
- Friends, family members or other third parties who do not, and will not, charge a fee or receive any other consideration for their advice and services;
- consultants, lawyers and Quebec notaries, and students-at-law under their supervision, who do not, and will not, charge a fee or receive any other consideration to represent you.
Note: You do not have to pay someone for them to be your representative. IRCC will conduct business with an uncompensated representative if an applicant appoints them on their behalf.
Compensated representatives:
Compensated representatives charge a fee or receive some other form of consideration in exchange for the representation that they provide.
It is important to know that anyone who represents or advises you for payment - or offers to do so - in connection with IRCC proceedings or applications is breaking the law unless they are an authorized representative or they have a specific agreement or arrangement with the Government of Canada that allows them to represent or advise you. This applies to advice or consultation which happens before or after a citizenship or an immigration application is made or a proceeding begins.
IRCC will only conduct business with compensated representatives who are in good standing with their designated regulatory body. For more information see - Find out if your representative is authorized.
Note: If a representative is being paid or compensated by someone other than you, the representative is still considered to be a compensated representative.
Authorized representatives are:
- consultants who are members in good standing of the College of Immigration and Citizenship Consultants (CICC);
- lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society and students-at-law under their supervision;
- notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision.
If you appoint a compensated representative who is not a member in good standing of one of these designated bodies, your application will be returned. Learn about using a representative.
General Application Information
Appoint a representative
- Check box to indicate if you are appointing a representative to represent you with your application process. Complete sections A, B and D.
Cancel a representative
- Check box to indicate if you are canceling a representative. Complete sections A, C and D; and
- Check both boxes and complete all sections if you are cancelling a representative and appointing a new one at the same time.
Section A – Applicant Information
- Question 1
-
Write your last name (surname or family name) and given name(s).
- Question 2
-
Write your date of birth.
- Question 3
- If you have already submitted your application, write:
- the name of the office where the application was submitted; and
- the type of application you have submitted.
- Question 4
-
Write your IRCC’s Identification (ID) or Unique Client Identifier (UCI) number (if known). If you have not dealt with IRCC since 1973, you will not have a UCI or a Client ID.
Section B – Appointment of Representative
- Question 5
-
Write your representative’s full name.
If your representative is a member of the College of Immigration and Citizenship Consultants (CICC), a law society or the Chambre des notaires du Québec, print their name as it appears on the organization’s membership list.
- Question 6
-
Check one box to indicate if your representative is uncompensated or compensated.
If your representative is compensated, write the membership ID number of: - Question 7
-
Write your representative’s contact information.
If you are appointing a student-at-law to represent you, include their supervising lawyer’s information including their membership ID.
Note: By indicating your representative’s e-mail address, you are hereby authorizing IRCC to transmit your file and personal information to this specific e-mail address.
- Question 8
-
To accept responsibility for conducting business on your behalf, your representative must:
- sign the declaration; and
- date the declaration.
Section C – Cancel the Appointment of a Representative
- Question 9
-
Fill in this section if you wish to cancel the appointment of a representative. Write the representative’s full name.
Complete all sections of the form if you wish to both cancel a representative and appoint a new one.
Section D – Your Declaration
- Question 10
-
By signing, you authorize IRCC to complete your request for yourself and your dependent children under 18 years of age.
For sponsorship application, your spouse or common-law partner does not have to complete a separate request. If your spouse or common-law partner is included in this request, they must sign in the box provided.
Release of information to other individuals
To authorize IRCC to release information from your case file to someone other than a representative, you will need to complete the form Authority to Release Personal Information to a Designated Individual [IMM 5475] (opens in a new tab).
The person you designate under that form (IMM 5475) will be able to obtain information on your case file, such as the status of your application. However, they will not be able to conduct business on your behalf with IRCC.
Where to submit the IMM 5475 and IMM 5476 forms
Paper applications
If you have not yet submitted your immigration or citizenship application:
Send this form along with your application to the office listed in the guide of your application.
If you have already submitted your immigration or citizenship application:
You may use this Web form to upload IMM 5475 or IMM 5476.
or;
If you know which IRCC office is processing your immigration or citizenship application, send the completed form to the office mailing address. Consult IRCC office mailing addresses.
Online applications
If you have not yet submitted your immigration or citizenship application:
Upload this form along with your online application
If you have already submitted your immigration or citizenship application:
You may use this Web form to upload IMM 5475 or IMM 5476.
Notify IRCC about any changes
You must let IRCC know if any information changes regarding the person you authorized to represent you on your application.
Pay the processing fee
How to pay the fees for your application
To pay your fees for your application you’ll need:
- a valid e-mail address;
- access to a printer (you’ll need to print the receipt), and
- a credit card, Debit MasterCard® or Visa® Debit card.
Visit the link below and follow these instructions to pay:
- Go to Online Payment.
- Follow the online instructions.
- At the end, click on the button to print the IRCC official receipt with barcode. Print two copies.
- Attach a copy of this receipt to your completed application.
- Keep the second copy of the receipt for your records.
Do not exit without printing the receipt! The printed receipt is your proof of payment!
Fee
| Your fees | $CAN |
|---|---|
| Inadmissible on the grounds of criminality | $229.77 |
| Inadmissible on the grounds of serious criminality | $1,148.87 |
Are processing fees refundable?
Processing fees are not refundable regardless of the final decision on your application. If your application is refused and you decide you want to apply again, a new processing fee will be required.
What if you do not pay enough money or enclose too much money?
If you do not enclose the required fee or if your credit card payment is refused, your application will not be processed. It will be returned to you with a letter requesting the correct payment. If you pay too much money, your application will be processed and a refund for the overpayment will be mailed to you within four (4) to six (6) weeks after the refund request is processed.
If you are sending in the form for information only
See the section Coming to, or Remaining in Canada Without Approval of Rehabilitation.
Do not send a processing fee. An officer will review the form and advise how you should proceed.
Submitting your application
Use a courier to submit your paper application
Due to the labour disruption at Canada Post, you need to use a courier to send us your application. Use one that offers tracking so you have proof your application was delivered.
Where do I apply?
In Canada: Mail your application to the Canada Immigration Centre responsible for your area. Addresses are available online.
Outside Canada: If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you can submit everything together and apply at the nearest Visa Application Center.
You may submit your application for criminal rehabilitation prior to submitting your application for a temporary resident permit (TRP) to ensure you meet the requirement for a TRP. To do so, you must complete the application and submit it directly to the visa office responsible for your region by mail or courier only.
What happens next?
Upon receipt of your application an officer will review it and any supporting documents. If you are eligible to apply, the officer will make a positive or negative recommendation and forward the application to the authority who can approve or refuse applications for rehabilitation. For less serious offences, the authority is usually the manager of the local office. For more serious offences, the Minister of Immigration, Refugees and Citizenship will make the decision.
The following are some of the factors that will be taken into consideration when your application is reviewed:
- the number of offences and the circumstances and seriousness of each offence;
- your behaviour since committing the offence(s);
- your explanation of the offences and why you are not likely to re-offend;
- any support you receive from your community;
- why you think you are rehabilitated and
- your present circumstances.
Note: The authority who approves or refuses applications for rehabilitation does not have to follow the recommendation made by the immigration officer.
Applications for rehabilitation can take over a year to process. You will be advised in writing of the decision made on your application.
Receiving approval to overcome a criminal inadmissibility is only one part of determining whether or not you can enter or remain in Canada. Once you have been approved for rehabilitation, you will need to meet the requirements for applicants seeking entry as a temporary resident or permanent resident. For more information if you are outside of Canada, contact a Canadian visa office, or, if you are in Canada, consult the Help Centre.
What you can do to help processing
There are certain things you can do to help make sure your application is processed as fast as possible:
- submit all documents and information we have asked for with your application
- pay your application and biometric fees (if required)
- provide your biometrics as soon as possible (if required)
- tell us if your contact information changes, including:
- mailing address;
- telephone numbers;
- facsimile number (fax);
- e-mail address.
Things that delay processing
The following may delay processing:
- unclear photocopies of documents;
- verification of your information and documents;
- a medical condition that may need more tests or consultations;
- a criminal or security issue;
- consultation is needed with other offices in Canada or abroad.
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