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Criminal rehab from Canada

webber2022

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Sep 13, 2022
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Is it possible to apply for rehabilitation AFTER arriving in Canada? What to do If one did not know about necessity of checking criminal history on visa application?
 

Ponga

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Oct 22, 2013
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Is it possible to apply for rehabilitation AFTER arriving in Canada? What to do If one did not know about necessity of checking criminal history on visa application?
You may not even be able to enter Canada if you need to apply for rehabilitation. It all depends on your encounter with the CBSA officer and what, if anything, the officer knows about your background. While the PIL (Primary) officers may not `see' everything, if you are sent to Secondary Inspection, that would be a more thorough examination...obviously.
 

webber2022

Newbie
Sep 13, 2022
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You may not even be able to enter Canada if you need to apply for rehabilitation. It all depends on your encounter with the CBSA officer and what, if anything, the officer knows about your background. While the PIL (Primary) officers may not `see' everything, if you are sent to Secondary Inspection, that would be a more thorough examination...obviously.
I get it but what if I am already in Canada? Is it possible to obtain rehabilitation?
 

Ponga

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I get it but what if I am already in Canada? Is it possible to obtain rehabilitation?
Hard to say, but IMHO that could be opening up a Pandora's Box. A person with criminality issues needs/needed to do this before entering Canada.

Has it been 5 years (for up to 2 summary convictions) or more since you completed whatever sentence was imposed (10 years if it was an one indictable offense)?

https://rjimmigrationlaw.com/resources/what-is-deemed-rehabilitation-for-entry-to-canada/
How do I apply to be deemed rehabilitated?

There is no application process required to be deemed rehabilitated. Therefore, it is very important that you make sure you qualify to be deemed rehabilitated before you try and enter Canada with a past conviction. Otherwise, you can be found inadmissible to Canada. You can be assessed for deemed rehabilitation in the following ways:


  1. Consular Office Assessment – – It is in your best interest to be assessed by the Canadian consulate responsible for your area. This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement action. This is done by completing and submitting an Application for Rehabilitation and requesting “for information purposes only.” You may also travel without applying in advance but are at the risk of being turned away at the port of entry and found inadmissible.
  2. Canadian Port of Entry Assessment – If you are a US resident you may travel to a Canadian Port of Entry and ask to be assessed. You must bring all documents related to your criminal history in support of your claim of being rehabilitated. A Canadian immigration officer will review your documents to determine if you can be deemed rehabilitated and allowed to enter Canada. Make sure you are properly prepared before seeking a port of entry assessment as it may result in you being found inadmissible to Canada.
  3. Attorney Assessment – A qualified attorney can compare your US convictions to the Canadian criminal code to determine the severity of the conviction in Canada and its impact on your ability to travel to Canada. Only an attorney licensed in both the United States and Canada can make a proper assessment of your criminal record to determine the impact of your US conviction on your entry to Canada.
 

Ponga

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Oct 22, 2013
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Just saw your post from last September.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/misrepresentation-what-to-do.777343/post-10214501

Just because a conviction `disappears' in your home country after a number of years, it still needed to be disclosed in your visa application. Even if a person received a Conditional Discharge, meaning that after the condition(s) of the sentence has/have been fulfilled (such as probation), the charge is discharged, I believe it may need to have been disclosed.

Might be best to speak with someone (aside from a public forum) that may be able to help you. The fact that it occurred > 14 years ago, may work to your advantage, aside from the potential misrepresentation.

Good luck!
 
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Kayne

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Apr 5, 2019
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Is it possible to apply for rehabilitation AFTER arriving in Canada? What to do If one did not know about necessity of checking criminal history on visa application?
Your "record" is as good as not existing. It is off the books. Do not bring it up ever in any official capacity. It has disappeared. Forget about it. Move on with your life and don't let bureaucracy crush you.

There are lots and lots of people from third world countries who come to Canada and pay for untruthful police certificates that end up living happily ever after because like you they made a mistake once and do not wish to continue having to pay for it since they are truly changed. Move on with your life and good luck.
 

Ponga

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Oct 22, 2013
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Your "record" is as good as not existing. It is off the books. Do not bring it up ever in any official capacity. It has disappeared. Forget about it. Move on with your life and don't let bureaucracy crush you.

There are lots and lots of people from third world countries who come to Canada and pay for untruthful police certificates that end up living happily ever after because like you they made a mistake once and do not wish to continue having to pay for it since they are truly changed. Move on with your life and good luck.
How can you say that with confidence, not really knowing how things work in the OP's country? Are you absolutely certain that failing to disclose that they were charged and convicted is NOT a problem?
 

Kayne

Hero Member
Apr 5, 2019
326
185
Canada
How can you say that with confidence, not really knowing how things work in the OP's country? Are you absolutely certain that failing to disclose that they were charged and convicted is NOT a problem?
Someone posted a link to another post OP made last year where he expantiated on the circumstances. According to that post, the record in OPs country gets scrubbed clean after 14 years which is why he was able to come to Canada with a police record that was clean in the first place. Just let sleeping dogs lie.
 

Ponga

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Oct 22, 2013
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Someone posted a link to another post OP made last year where he expantiated on the circumstances. According to that post, the record in OPs country gets scrubbed clean after 14 years which is why he was able to come to Canada with a police record that was clean in the first place. Just let sleeping dogs lie.
My dog's not asleep.

No idea what link you're talking about, or who posted it, but my money is with what @scylla said in this post:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/criminal-rehabilitation.789948/
 
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webber2022

Newbie
Sep 13, 2022
8
0
Your "record" is as good as not existing. It is off the books. Do not bring it up ever in any official capacity. It has disappeared. Forget about it. Move on with your life and don't let bureaucracy crush you.

There are lots and lots of people from third world countries who come to Canada and pay for untruthful police certificates that end up living happily ever after because like you they made a mistake once and do not wish to continue having to pay for it since they are truly changed. Move on with your life and good luck.
Thanks for beautiful words Kanye!
 

Meriumad

Newbie
Jan 24, 2024
3
0
First, you might want to check if you qualify for something called deemed rehabilitation. Basically, this means enough time has passed since your sentence was completed—like 5 years for minor offenses or 10 years for something more serious.