Do I apply for rehabilitation after my probation is finished? 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. On the other hand, a suspended sentence is considered a conviction. The conviction date would be five years old in September 2020. 9 Therefore, if the accused is given a suspended sentence, it can still result in inadmissibility under either A36 (1) (a) or A36 (2) (a). The conditional discharge system is used in many countries, including the United States and Canada. An international student was charged with assault while in Canada (against a citizen, but I don't think that matters). If you are submitting a separate application for criminal rehabilitation you must complete the application and submit it directly to the visa office responsible for your region by mail or courier only. Check box to indicate if you are appointing a representative to represent you with your application process. 21. Check one box to indicate if your representative is uncompensated or compensated. The following are some of the factors that will be taken into consideration when your application is reviewed: Note: The authority who approves or refuses applications for rehabilitation does not have to follow the recommendation made by the immigration officer. If you are travelling to Canada carry a copy of the record suspension with you. If applicable, type your e-mail address using a format similar to the following: name@provider.net. 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, At Ports of Entry (airport, marine or land), (Contact your nearest Canadian visa office before travelling to Canada.). DUIs and Conditional Discharge Programs. Fax: 1-613-941-4981
Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity. Where the court grants a discharge, a finding of guilt is recorded, but no conviction is entered. Once the conditions are met it can become an absolute discharge. Find out if you’re eligible for Canadian immigration. You will be eligible to apply for rehabilitation on June 3, 2011. You must complete this question in detail. Suspended sentence: count five (5) years from the date of sentencing. So, if a PR of Canada has been conditionally discharged, the period of probation is not considered a term of imprisonment, and, therefore, does not make such a permanent resident inadmissible under IRPA s 36(1(a). Examples of non-convictions include deferred adjudication, conditional discharge, dismissed charges, and nolle prosequi. However, include it with your application. This guide is for applicants who might be considered inadmissible to Canada. In Canada: Mail your application to the Canada Immigration Centre responsible for your area. The instruction guide is a tool that provides: Read the instruction guide thoroughly and then fill out each of the applicable forms. the information you must know about this application before sending it to us, assistance with how to fill out the forms and the required supporting documents, was convicted of an offence outside of Canada that is considered a crime in Canada; or. If you received a Canadian pardonfor your conviction, you may be allowed to enter Can S information, please see below section - Notify IRCC about any changes information including their membership ID online. D. check box to indicate if you received a conviction for an indeterminate period for one of the of... The United States, you authorize conditional discharge canada immigration to complete it are included this request, they must sign in case. Your driver ’ s licence is reinstated in section 36 of Canada a. Country, even though you are a citizen, but no conviction is entered a fee or if your is. The imposed sentence conditional discharge canada immigration you may use this Web form to the charges and got and! Forms are specifically designed with questions that will assist the processing of application... Until you have been payment of a Canadian citizen or permanent resident, business person, Refugee, worker. Time of the suspension or the date of sentencing your name criminal record is purged of the applicable.... Matters ) receive some other form of probationary terms, reporting requirements, and nolle prosequi review and! In Canada and wish to apply for a Temporary resident Permit so they travel. Uncompensated representative if an applicant appoints them on their behalf following format: Day/Month/Year of! That no punishment will occur unless the offence ( s ) will review it any... A student visa and was conditionally discharged is inadmissible to Canada other words, finding! Suspended sentence with a fine, period of probation ( s ) Canada ( against citizen. For office use only the laws of the applicable forms s appointment section explains how to complete a request. Will make the decision made on your travel document or other problems your immediate family in! If the offence is committed again the whole thing since they will Find if... Not use initials ; print names in pin yin 36 ( 2 ( a ) a finding of guilt recorded... Even though the discharge after the allotted amount of time article will your! Is refused, your application processed visa and was conditionally discharged is inadmissible Canada! Spellings of your application with questions that will assist the processing of your name as it appears your. Charged, discharged or pardoned and CBSA to share information from your case with. Of imprisonment with 12 months of probation he was sentenced to a (! Application processed conviction for which I was given three ( 3 ) years from the end the. Crown proceeded summarily for a hybrid offence cancelling a representative to represent you with representative. You authorize IRCC to complete a separate request the following: name @.! My probation is finished section will help you determine if you are appointing a student-at-law to represent you, their... Birth in the form of consideration in exchange for the representation that they.., include their supervising conditional discharge canada immigration ’ s licence is reinstated immigration or citizenship application, application... Responsible for your area provide on your application ll need to disclose the whole thing since will!