Rehabilitation of criminal offences - R309(b) and A36(2)(b) or (c)

An application for determination of rehabilitation may be considered and decided by the manager at a port of entry, a Canada Immigration Centre, or by a program manager at a visa office abroad if the person concerned has been convicted of an offence outside of Canada and five years have passed since the completion of the sentence imposed.

Fees shall be collected, and a receipt issued to the applicant, each time a written request for determination of rehabilitation is initiated. At visa offices abroad, the visa officer will issue a receipt and validate the existing application form (IMM 0008, IMM 1294, IMM 1295, or IMM 5257B).

In such cases, the application form will be validated twice, once for the original application fee and once again for the Application for Determination of Rehabilitation fee.

The fee paid and receipt number will also be recorded in the “Recommendation” and “Reasons for Recommendation” sections of the Application for Criminal Rehabilitation form (IMM 1444E (PDF, 1.18MB)).

Temporary inability or refusal to pay

If an applicant advises that they are unable or unwilling to pay the fee immediately, they should be advised to return when they have the ability and willingness to do so. There is no authority to accept an Application for Determination of Rehabilitation unless the fee has been paid. An appropriate note should be placed on the applicant’s file.