Criminal Rehabilitation
Statutory definition
IRPR s 17 provides that a foreign national may be deemed rehabilitated if 10 years have passed since the completion of a sentence for a non-serious criminality offence (s 36(2)) and the offence was not an indictable offence. IRPR s 18 provides for individual rehabilitation applications: the applicant must demonstrate that sufficient time has elapsed (5 years for serious criminality, 10 years for non-serious criminality from sentence completion) and that they are unlikely to reoffend. Individual rehabilitation is decided by a visa officer or immigration officer.
Explanation
Criminal Rehabilitation is a permanent solution to criminal inadmissibility — unlike a TRP, which is temporary. Once granted, the person is no longer inadmissible for that conviction and does not need to disclose it for immigration purposes (though they must still disclose the underlying criminal record in other contexts). The application requires supporting documents including court records, police certificates, and evidence of rehabilitation. Processing times can be lengthy — often 12 months or more. Persons with multiple convictions or serious criminality face a higher bar.