Suçlu rehabilitasyonu ile sabıka kaydı rehabilitasyonu arasındaki fark nedir?

Deemed rehabilitation operates automatically by operation of law if a foreign national meets every statutory criterion within a prescribed class under Section 18 of the Göç ve Mülteci Koruma Yönetmeliği (IRPR), whereas individual criminal rehabilitation under Section 36(3)(c) of the Göç ve Mülteci Koruma Kanunu (IRPA) requires a formal application satisfying the Minister that the person is rehabilitated. Both avenues apply strictly to criminal inadmissibility arising from convictions or acts committed outside Canada and do not cure other grounds of inadmissibility.

"Kanada Göçmenliğinde Kabul Edilemezliği Anlamak"

Retaining a qualified Kanada göçmenlik avukatı is essential when assessing whether a foreign conviction constitutes criminality or serious criminality. At Pax Law Corporation, we routinely see travelers and visa applicants confuse the passage of time with legal admissibility.

1. Core Differences: Deemed vs. Criminal Rehabilitation

The table below summarizes the operational differences between deemed rehabilitation and an individual ministerial application pursuant to Canadian immigration law.

2. Statutory Framework: IRPA Section 36

Under Canadian immigration law, relief depends on classifying whether the foreign act equates to suç or serious criminality altında Göç ve Mülteci Koruma Yasası (IRPA).

“the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;”
- IRPA, madde 36(3)(c)

Foreign offenses must be assessed against an equivalent Canadian statute:

• Serious Criminality (IRPA, s. 36(1)): Applies to permanent residents and foreign nationals convicted outside Canada of an offense that, if committed in Canada, carries a maximum prison term of at least 10 years, or committing an act that constitutes an offense with that same 10-year Canadian threshold.
• Criminality (IRPA, s. 36(2)): Applies strictly to foreign nationals convicted outside Canada of an offense that equates to an indictable offense in Canada, or two separate offenses not arising out of a single occurrence, or committing an act equating to an indictable offense.
• Hybrid Offenses: Under IRPA, s. 36(3)(a), an offense that may be prosecuted either summarily or by way of indictment in Canada is deemed to be an indictable offense, regardless of how it was prosecuted abroad.

3. Criminal Rehabilitation: Case-by-Case Determination

Criminal rehabilitation is not automatic. Pursuant to IRPR, Section 17, a person becomes eligible to submit an application once five years have elapsed:

• Five years after the completion of the imposed sentence for foreign convictions (IRPR, s. 17(a)); or
• Five years after committing the act outside Canada where there was no conviction (IRPR, s. 17(b)).

The applicant must not have committed subsequent disqualifying offenses. As the Federal Court articulated in Sun v. Canada (Citizenship and Immigration), 2011 FC 708:

“If one provides sufficient evidence that one meets the criteria set out in section 18 of the Regulations for the ‘class of persons deemed to have been rehabilitated’, the officer reviewing the visa application must consider the person rehabilitated and evaluate the application on its merits. If one does not fall within a deemed class, one must provide evidence that one has obtained a ministerial decision that the person is rehabilitated. There is no right to such rehabilitation (distinct from deemed rehabilitation). One must apply for it and satisfy the Minister or his delegate that one has been rehabilitated.” (güneş (12-13. paragraflarda).

Meeting the 5-year timeline merely unlocks the right to apply. In Pjetrushi v. Canada (Citizenship and Immigration), 2026 FC 673, the Federal Court confirmed the forward-looking nature of this assessment:

“In assessing whether an inadmissible foreign national is rehabilitated, officers have significant flexibility to consider a variety of relevant factors and the unique facts of each particular case… However, rehabilitation is forward-looking, such that the ‘most important’ or ‘primary’ factor or inquiry is the likelihood that the individual will reoffend.” (Pjetrushi (10. paragrafta).

4. Deemed Rehabilitation: Prescribed Classes Under IRPR Section 18

Under IRPR Section 18, deemed rehabilitation requires strict adherence to statutory categories rather than an exercise of discretion:

1. Single Indictable Offense Equivalent: Under s. 18(2)(a), the conviction must carry an equivalent maximum sentence in Canada of 10 yıldan az, at least 10 years must have elapsed since the completion of the imposed sentence, and the individual must have clean subsequent records as detailed under clauses (iii) through (vii).
2. Two or More Summary Offenses: Under s. 18(2)(b), where the offenses outside Canada equate to summary conviction matters under Canadian law, at least five years must have elapsed since sentence completion, subject to record restrictions.
3. Commission of a Single Act: Under s. 18(2)(c), an unconvicted act equating to an indictable offense with a Canadian penalty of 10 yıldan az requires 10 years to have passed since the act occurred.

Where the equivalent offense carries a Canadian penalty of 10 years or more, deemed rehabilitation is unavailable under s. 18(2)(a) and (c), leaving an individual application under Section 17 as the appropriate statutory mechanism.

5. Canadian Convictions and Record Suspensions

Criminal rehabilitation under IRPA, s. 36(3)(c) applies solely to foreign offenses. It cannot be used to overcome inadmissibility stemming from convictions inside Canada under s. 36(1)(a) or s. 36(2)(a). Instead, IRPA, s. 36(3)(b) provides that inadmissibility cannot be based on a Canadian conviction for which a record suspension has been ordered under the Criminal Records Act (CRA).

Section 2.3(a) of the CRA defines a record suspension as evidence of good conduct, establishing that the conviction should no longer reflect adversely on the individual’s character. In addition, IRPR Section 18(1.1) exempts foreign nationals whose inadmissibility arises exclusively from two or more Canadian summary convictions, provided five years have elapsed since the sentences were served.

6. Processing Fees Under IRPR Section 309

Submitting an application for criminal rehabilitation requires paying statutory processing fees prescribed by Section 309 of the IRPR:

• Serious Criminality (s. 36(1)(b) or (c)): 1,000 Kanada Doları.
• Criminality (s. 36(2)(b) or (c)): 200 Kanada Doları.

These processing fees are non-refundable and do not guarantee an approval.

7. Contact Pax Law Corporation

For assistance with admissibility assessments and formal rehabilitation applications, contact Pax Hukuk Şirketi at our British Columbia or Ontario locations:

8. Sıkça Sorulan Sorular (SSS)