Deemed Rehabilitaded Question

[emlee02]

I am interested in applying for Permanent Residency in Canada, and have started looking into the process

However, I have a DUI from 13 years ago, and this seems to be a problem

I see that if the offense is 10+ and is your only offense you can be deemed rehabilitated, but I cant find the solid information about how this goes about
Are you just automatically deemed rehabilitated after 10 years?
Or must you undergo a process (submit an application somewhere for clearance etc.)
Its very hard to find the official legal standing on this, please forgive me I am not a google aficionado.

And please, may I request that any negative or demeaning banter be put aside for this.
Please be aware I am well and truly aware that what I did was wrong, and I am ashamed.
I was 19yrs old, stupid, going through a hard time (not trying to make excuses, just explaining my situation) and have subsequently grown up and sharpened up.
I never tried to get out of it, I accepted full responsibility, went to court when summoned, pleaded guilty and paid the fine within the allocated time.

I am simply asking, can and how can I be deemed rehabilitated, and do I stand a chance at Permanent Residency

TIA

 

[PMM]

Hi

I am interested in applying for Permanent Residency in Canada, and have started looking into the process

However, I have a DUI from 13 years ago, and this seems to be a problem

I see that if the offense is 10+ and is your only offense you can be deemed rehabilitated, but I cant find the solid information about how this goes about
Are you just automatically deemed rehabilitated after 10 years?
Or must you undergo a process (submit an application somewhere for clearance etc.)
Its very hard to find the official legal standing on this, please forgive me I am not a google aficionado.

And please, may I request that any negative or demeaning banter be put aside for this.
Please be aware I am well and truly aware that what I did was wrong, and I am ashamed.
I was 19yrs old, stupid, going through a hard time (not trying to make excuses, just explaining my situation) and have subsequently grown up and sharpened up.
I never tried to get out of it, I accepted full responsibility, went to court when summoned, pleaded guilty and paid the fine within the allocated time.

I am simply asking, can and how can I be deemed rehabilitated, and do I stand a chance at Permanent Residency

TIA

1. Yes you would be "deemed rehabilitated, assuming that if you DL was suspended, more than 10 years have passed since the suspension.

 

[emlee02]

Hi


1. Yes you would be "deemed rehabilitated, assuming that if you DL was suspended, more than 10 years have passed since the suspension.

Thanks PMM,
just wondering though, do I have to do anything?
Do I have to apply for a deemed rehabilitated on a form?
Or does Immigration just see the fact it was 10+ years when processing my PR and go "OK"

 

[Alurra71]

Start reading the forms here Emlee,

IIRC you will need to fill these out and include them with your application for Permanent Residency. There have been cases where some individuals were able to take this application with them through the border and have CBSA process it for them, however, it doesn't seem to be something that is always done, nor done by all border crossings. The safest bet would be to include it with your application package, unless you need to cross into Canada prior to receiving PR, in which case you would need to fill out that paperwork and have it completed to cross.

One of the questions I've almost always heard from CBSA (pre PR) was "Have you ever been arrested/convicted for DUI or any other offense?" You would obviously have to answer yes, and that in and of itself makes you inadmissible to Canada.

The only requirement for that paperwork is that 10 years has passed since you COMPLETED all sentencing handed down. That would include fines, suspensions, community work and/or jail time served. If any part of that is not fully completed, you won't be deemed rehabilitated.

Hope that helps. Good luck!

 

[emlee02]

Start reading these forms Emlee,

IIRC you will need to fill these out and include them with your application for Permanent Residency. There have been cases where some individuals were able to take this application with them through the border and have CBSA process it for them, however, it doesn't seem to be something that is always done, nor done by all border crossings. The safest bet would be to include it with your application package, unless you need to cross into Canada prior to receiving PR, in which case you would need to fill out that paperwork and have it completed to cross.

One of the questions I've almost always heard from CBSA (pre PR) was "Have you ever been arrested/convicted for DUI or any other offense?" You would obviously have to answer yes, and that in and of itself makes you inadmissible to Canada.

The only requirement for that paperwork is that 10 years has passed since you COMPLETED all sentencing handed down. That would include fines, suspensions, community work and/or jail time served. If any part of that is not fully completed, you won't be deemed rehabilitated.

Hope that helps. Good luck!

Thanks Alurra!
The link that you sent me was for forms for people seeking to apply for rehabilitation for 5+ years.
I am just wondering, do I have to fill these forms for my conviction from 13 years ago?

This is what I find so confusing, the cic and other websites all state that after 10 years you are deemed rehabilitated, there are no forms or anything for that it seems.
The forms and application you have linked me to are for applying for rehabilitation for convictions that are 5-10 years old.

Do I really need to fill these forms if my conviction was done and dusted 13years ago?

Is there anybody here that has a definitive answer for this?

 

[Alurra71]

Thanks Alurra!
The link that you sent me was for forms for people seeking to apply for rehabilitation for 5+ years.
I am just wondering, do I have to fill these forms for my conviction from 13 years ago?

This is what I find so confusing, the cic and other websites all state that after 10 years you are deemed rehabilitated, there are no forms or anything for that it seems.
The forms and application you have linked me to are for applying for rehabilitation for convictions that are 5-10 years old.

Do I really need to fill these forms if my conviction was done and dusted 13years ago?

Is there anybody here that has a definitive answer for this?

Sorry for the extended delay in response, but I believe you are still required to fill these forms out. Because you had the DUI, even that long ago, it is still an offense that makes you inadmissible to Canada. There are some on here that had 'stupid' things from when they were 18 or 20 years old (well into their 50's now) that were turned away at the border because of a past record of marijuana or DUI. Don't try to analyze the situation or assign common sense to it, you'll only get a nose bleed