Hello. I am going to apply for my foreign spouse to immigrate to Canada. We are both currently living outside the country but I want to move back home to Canada. He has a criminal record (not serious, not violent, not drug-related) for something that happened over 15 years ago. Because it is past the 10 year mark, is he automatically deemed rehabilitated and his record will not be a barrier to coming to Canada? Or will he still need to apply for rehabilitation? Does anyone have any experience or advice? Thank you.
Rehabilitation - Automatic or Application Always Necessary
- Thread starter makingplans
- Start date
osdamour
Star Member
- Apr 20, 2013
- 159
- 5
- Category........
- FAM
- Visa Office......
- Dakar, Senegal
- App. Filed.......
- 02-04-2013
- AOR Received.
- 09-04-2013 SA 03-05-2013 CSQ received 21-06-2013
- File Transfer...
- 03-05-2013
- Med's Done....
- 12-03-2013
- Passport Req..
- 04-03-2014 Passport sent: 12-03-2014 Received @ VO : 18-03-2014
- VISA ISSUED...
- 27-03-2014 Passport in hand : 07-04-2014
- LANDED..........
- 06-05-2014
The simple thing to do is to fill you application and be honest. you said it was not serious, not violent and not drug related. and it happened 15 years ago...so just mention it and you will be fine. Otherwise if you don't mention it and the agent find it out, you will be in trouble. By the way what was the nature of the offend if yo?u don't mind?
Of course, we will be completely honest. We are both decent people - he just made a stupid mistake when he was much younger. Plus it will show up on the police report. May I ask why you believe it will not be a problem?
osdamour
Star Member
- Apr 20, 2013
- 159
- 5
- Category........
- FAM
- Visa Office......
- Dakar, Senegal
- App. Filed.......
- 02-04-2013
- AOR Received.
- 09-04-2013 SA 03-05-2013 CSQ received 21-06-2013
- File Transfer...
- 03-05-2013
- Med's Done....
- 12-03-2013
- Passport Req..
- 04-03-2014 Passport sent: 12-03-2014 Received @ VO : 18-03-2014
- VISA ISSUED...
- 27-03-2014 Passport in hand : 07-04-2014
- LANDED..........
- 06-05-2014
I think when people are young, they can do stupid thing once it their life. And if it's was 15 years ago, and you didn't have any other problem with police you should be fine. It was a mistake and it didn't happen again. so I believe it's good for your file. don't worry 
opmama
Star Member
- Sep 3, 2012
- 98
- 3
- Category........
- Visa Office......
- CPP-O
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 06-17-2013
- AOR Received.
- 07-17-2013
- File Transfer...
- 07-23-2013
From this page...
"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."
"Deemed" rehabilitation is the automatic form. The key is figuring out what the offense your husband was convicted of maps to in the Canadian system. And from a conversation with a lawyer, you'll want evidence of the disposition (for example, if he was a juvenile, evidence that the case was handled as a young offender).
Also, I'm not sure what country you are coming from, but you'll want to know what the police clearance says, and it can take a lot of time to get those in some places, so you might want to start by getting that.
"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."
"Deemed" rehabilitation is the automatic form. The key is figuring out what the offense your husband was convicted of maps to in the Canadian system. And from a conversation with a lawyer, you'll want evidence of the disposition (for example, if he was a juvenile, evidence that the case was handled as a young offender).
Also, I'm not sure what country you are coming from, but you'll want to know what the police clearance says, and it can take a lot of time to get those in some places, so you might want to start by getting that.
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