视同犯罪复原-Deemed rehabilitation

视同犯罪复原-Deemed rehabilitation -飞出国

服刑结束超过10年,没有新的犯罪记录的可以被认为 视同犯罪复原-Deemed rehabilitation,可以被允许进入加拿大。

Deemed rehabilitation

Deemed rehabilitation, under Canada’s immigration law , means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.

You may be deemed rehabilitated depending on:

  • the crime,
  • if enough time has passed since you finished serving the sentence for the crime and
  • if you have committed more than one crime.

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.


Deemed rehabilitation:一个有过犯罪史的外国人可能会被禁止入境加拿大,或者经过5或这10年以上可以视同荣誉恢复,即在罪行不是特别严重的情况下,此时可以获得入境加拿大的资格。

A person who has been convicted of a crime outside Canada may become admissible or be deemed rehabilitated after 5 or 10 years has passed, except in cases of serious criminality. No application is required to be considered for deemed rehabilitation. Whether someone qualifies for deemed rehabilitation depends on their individual circumstances.
See Criminal inadmissibility, Criminal rehabilitation, Record suspension, Rehabilitation.


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飞出国:犯罪行为被视为犯罪复原(Deemed rehabilitation)会依据所犯罪名,严重程度,是否多次犯罪等设定5年或10年的犯罪复原时间,具有一定主观性。

Deemed rehabilitation

Note: This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or when you arrive at a port of entry.

You may be deemed rehabilitated, depending on:

  • the crime you committed
  • how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
    • 10 years for one indictable offence
    • five years for two or more summary convictions
  • whether you have committed one or more crimes and
  • if the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Find out about:

Being assessed by a visa office

You do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter the country. Otherwise, you could be found inadmissible to Canada when you arrive at the border. It is in your best interest to be assessed by the Canadian embassy, high commission or 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.

Note: If you live in the U.S. , Canadian visa offices in the U.S. do not use this process. Please see Being assessed at a Canadian Port of Entry .

To be assessed, fill out an application for Rehabilitation but in Section A, check the box “for information only.” (You should also do this if you know you are not eligible to apply, but would like to find out about possible options for entering Canada. See Coming to, or Remaining in Canada Without Approval of Rehabilitation for more information.)

You will not have to pay a processing fee. An officer will review the form and tell you what to do next. You may be asked for other documents, or to attend an interview.

Mail your application to the Canadian visa office responsible for your area.

Your application and any supporting documents will be reviewed to find out if you can be deemed rehabilitated. Some of the factors that will be considered:

  • how many crimes you committed
  • the circumstances and seriousness of each crime
  • your behaviour since committing the crime(s)
  • your explanation of the crimes and why you are not likely to do it again
  • any support you receive from your community
  • why you think you are rehabilitated and
  • your present situation.

If you are not deemed rehabilitated, you may apply for individual rehabilitation.

Being assessed at a Canadian Port of Entry

If you live in the U.S. 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. See which documents you need [Document Checklist - Rehabilitation (PDF, 33 KB) (PDF, 179.76KB)]. An immigration officer at the port of entry will review them to determine if you can be deemed rehabilitated and allowed to enter Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.

Assessment of deemed rehabilitation at a Port of Entry is a completely different process from applying for rehabilitation at a visa office. Visit the website of the office where you will be submitting your application for a list of requirements.

Note: if you do not want to risk being denied entry to Canada or subject to other enforcement action, you should apply according to the visa office’s instructions before approaching the Port of Entry. A fee is required.

If you live overseas , you may also travel without applying, but be aware that you are risking being turned away at the port of entry. See Being assessed by a visa office above to find out how to keep this risk at a minimum.

Self-assessment for deemed rehabilitation

You are eligible to apply for deemed rehabilitation at a port of entry if:

  • you only had one conviction in total or committed only one crime
  • at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
  • the crime you committed is not considered a serious crime in Canada AND
  • the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

A request for deemed rehabilitation is not guaranteed to be approved.

If you think you are eligible, be sure you have these documents if you travel to Canada:

  • passport or birth certificate plus photo identification
  • a copy of court documents for each conviction, and proof that all sentences were completed
  • a recent criminal record check
  • a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years.

If you are deemed rehabilitated, you will be allowed to enter Canada if you meet the other requirements. If not, you are still criminally inadmissible and you will not be allowed into Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation.

Note : If you are not sure if you can be deemed rehabilitated or want to know if you are criminally inadmissible before you travel to Canada, you should apply as described. You must apply well in advance of your trip as routine applications can take six months or more to process.

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需要获得相关移民及出国签证申请帮助可以通过微信联系飞出国(flyabroad_hk): http://flyabroad.me/contact/

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Deemed Rehabilitated-Criminal Rehabilitation

Denied Entry to Canada 网站对 视同犯罪复原(视同犯罪恢复) Deemed Rehabilitated 的详细介绍,飞出国不做详细翻译,供需要的人参考。

When am I Deemed Rehabilitated - flyabroad

Do you have past criminal record and like to travel to Canada for leisure or business purposes? Not sure if you are considered Deemed Rehabilitated or if you should apply for Temporary Resident Permit (TRP) or Criminal Rehabilitation? Continue reading below to find out reasons you can be Denied Entry to Canada, what steps to take overcome your inadmissibility issue and when you can be considered Deemed Rehabilitated.

Reasons you can Denied Entry into Canada

A traveller to Canada may be denied a visa or an Electronic Travel Authorization (eTA) or potentially removed from Canada if the immigration officer believes the traveler:

  • is a security risk (terrorism, participated to overthrow government)
  • has violated human or international rights (war crimes, crimes against humanity)
  • has committed a serious offence that would be punishable by maximum prison time of at least 10 years in Canada
  • has been convicted of DUI or was under the influence of drugs or alcohol
  • has participated in organized crimes (smuggling or money laundering)
  • is not able to support themselves or family financially during their time of stay in Canada
  • has misrepresented themselves or is withholding information
  • has not complied with past immigration regulations
  • has a family member that has a inadmissibility issue

What to Apply for when having a Past Criminal Record

If you have urgent travel date to Canada you can apply for Temporary Resident Permit (TRP) . The TRP allows you to overcome your inadmissibility issue for temporary basis and can be applied at the port of entry or consulate level. If you come from a non-visa exempt country such as Pakistan or India you cannot apply for TRP at the immigration border. Non-visa exempt countries can only apply for TRP at consulate level and have to wait 8-12 months to get a decision on their application.

Visa Exempt Countries apply for eTA

If you come from visa-exempt country such as Germany or Italy you can apply at port of entry and at the same time have your Electronic Travel Authorization (eTA) ready. The eTA is a document you have to get prior to booking your flight, this document tells you have a past criminal record or not. If you get negative decision on your eTA it basically means you cannot enter into Canada until you take care of your inadmissibility issue. Luckily, American citizens do not need an eTA they can apply for TRP at the port of entry and get same day decision on their application rather than waiting 8-12 months . If you do not have an urgent travel date you can simply submit your TRP application at the consulate.

Who can apply for Criminal Rehabilitation

Depending on how many offences you got on record, what you were convicted of and when you completed whatever that was imposed on you, you may be eligible to apply for Criminal Rehabilitation. Usually applicants have to wait either five or ten years before being eligible to apply for criminal rehabilitation. To determine if you are eligible for criminal rehabilitation it is best to consult with an immigration expert first such as Akrami & Associates to determine your eligibility. Many times applicants apply for an application they are not even eligible for, so rather than wasting your money on government fees consult with an immigration representative first. Criminal Rehabilitation application can only be filed at the consult which take 8-12 months for processing.

Who can apply for ARC

It is highly recommended to consult with immigration expert first to determine what type of application you need to apply for. For example, if you got a removal order from Canada you apply for Authorization to Return to Canada rather than Criminal Rehabilitation or TRP. Depending on your unique situation you may have to apply for both.

When am I considered Deemed Rehabilitated?

The immigration officer looks at certain aspects to consider you deemed rehabilitated , these depend on:

  • the offence that was committed
  • the seriousness of the offence and how much time has elapsed since the completion of the sentenced imposed which is 10 years for an indictable offence and five years or more for summary convictions
  • how many offences were committed
  • the offence committed is punishable in Canada by a maximum prison term of less than 10 years

Do I have to apply for Deemed Rehabilitation?

If you are travelling to Canada and have a past criminal record and you believe you are Deemed Rehabilitated than you do no need to apply for it. Once you arrive at the Canadian border and the immigration officer will assesses your situation and determine if you are deemed rehabilitated. If the immigration officer believes you are not rehabilitated you will be Denied Entry into Canada and asked to apply for Temporary Resident Permit (TRP), Criminal Rehabilitation or ARC application depending on your unique situation. To avoid being turned around at the Canadian border it is best to consult with an immigration consultant such as Akrami & Associates prior to your travel date. The immigration officer has the right to deny you entry if he/she believes you are not rehabilitated. Regardless if you are deemed rehabilitated or not it is recommended to go in prepared with all your documentation and having your application ready.

What does the Immigration officer look at to consider me Deemed Rehabilitated?

The immigration officer looks at the following to consider you deemed rehabilitated:

  • how many offences you committed
  • the seriousness and circumstance of each offence
  • how your behaviour has changed since the offence was committed
  • your personal statement of why should be allowed entry into Canada
  • references letters from friends/family/community
  • why you think you are rehabilitated
  • your present situation

So if you are not rehabilitated the immigration officer will inform you to apply for Criminal Rehabilitation or Temporary Resident Permit based on your circumstances.

How will I know if I am Deemed Rehabilitated?

To determine if you are deemed rehabilitated you can do a self-assessment prior attempting to cross the border. You are deemed rehabilitated if:

  • you got only one conviction on record or if you only committed one offence
  • 10 years have elapsed since completion of sentence such as having paid all fines, completed prison time, restitution paid or whatever that was imposed on you is completed
  • the offence that you committed is not considered a serious offence in Canada and the offence does not involve serious property damage, physical harm to anyone or use of weapon

Remember it is not guaranteed that the officer will allow you entry into Canada. But if you think you are eligible ensure to bring all the necessary documents for the immigration officer to review your case. Some other document the immigration officer will be looking at include is your identity documents such passport, documents on what was imposed on you and what you completed for it, police clearances etc.

https://deniedentryintocanada.com/denied-entry-to-canada/deemed-rehabilitated.html

荷兰库拉索移民适合技术移民无望或技术移民遥遥无期的高知中产阶层人群。一套提供持续较高收益的国际房产(酒店公寓),一个说走就走的国际身份(无移民监),一个中产阶层与欧洲强国护照最接近的移民项目(荷兰护照)。飞出国已经推出荷兰库拉索和荷兰KM捆绑的模式,适合马上就要去荷兰定居的人群。

需要获得相关移民及出国签证申请帮助可以通过微信联系飞出国(flyabroad_hk): http://flyabroad.me/contact/

以上内容由飞出国香港flyabroad.hk)整理完成,转载请保留并注明出处。