Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)

Eligibility for 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.

Are you eligible to apply for rehabilitation?

You are eligible to apply for rehabilitation if you have:

• committed an act outside of Canada and five years have elapsed since the act;
• been convicted outside of Canada and five years have passed since the end of the sentence imposed. As there are different types of sentences, use the following table to calculate the five-year waiting period.

Type of Sentence	Determining the Eligibility Date
Suspended Sentence	Count five years from the date of sentencing.
Suspended Sentence with a fine	Count five 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 years from the end of the term of imprisonment.
Imprisonment and Parole	Count five years from the completion of parole.
Probation	Probation is part of the sentence. Therefore, count five years from the end of the probation period.
Driving Prohibition *	Count five years from the end date of the prohibition.

*You are prohibited by the Criminal Court from driving.

The following are three examples of how to calculate the five years waiting period:

Example 1: I was convicted of a crime on December 13, 2002, and received a jail sentence of three 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-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 years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five 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 years of probation. Do I apply for rehabilitation after my probation is finished?

No. You are not eligible for rehabilitation until five years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five years after you complete your probation.

For more examples of how to calculate the five-year waiting period please go to:
www.cic.gc.ca/english/visit/faq-inadmissibility.asp

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