Deemed rehabilitation question

[Ctin]

Hi

In order to be "deemed rehabilitated" 10 years from the end of the sentence must have passed.
My sentence was 37 months of imprisonment followed by 36 months of supervised release. The particularity of my case was that after i served my 37 months sentence i was deported so there was no supervised release. Would that still count as a part of the sentence by Canadian authorities?
The offence happened in the US

Thanks a lot

 

[Bornlucky]

Hi

In order to be "deemed rehabilitated" 10 years from the end of the sentence must have passed.
My sentence was 37 months of imprisonment followed by 36 months of supervised release. The particularity of my case was that after i served my 37 months sentence i was deported so there was no supervised release. Would that still count as a part of the sentence by Canadian authorities?
The offence happened in the US

Thanks a lot

Hi, I don't know about the USA but it was possible in Canada to do as little as 1/6th of the prison time and be released for deportation. The reason is obvious if the person qualifies as it saves money and that person won't be back without a very lengthy drawn out process that will last years and require expert legal advice, if it is ever realized.

When they do a criminal equation they look at the criminal offence for parallels with the Canadian Criminal Code and with the sentencing there us also a need to translate or compare the disposition of the charges and the effect of the sentencing as it might be interpreted with Canadian versions of probation or parole or other dispositions, like conditional discharges, day release and whatever else is in there.

Have a look because it isn't straight forward https://www.canada.ca/en/immigratio...ble-canada-past-criminal-activity.html#5312E2

Even if the condition of your release waived the sentence of supervision, it continues to form a part of the original sentencing, so I am going to guess that Canada will interpret this very stringently. Visa Officers hear about their mistakes and granting entry to a known criminal with a lenient, or less than thorough rehab assessment is a real career killer.

Where you are from; what you do there; how have you turned your life around, are all questions that even a deemed rehabilitation applicant may face when seeking to come to Canada permanently. Flat refusals will await applications for a Temporary Resident Visa (TRV = visitor's visa) where there has been serious criminality.

Getting a TRV without a criminal past is already very difficult for a number of nations. I'd be curious to know the crime and the country where you're from but you don't need to volunteer it, it's a simple curiosity and doesn't necessarily add anything to the above. People apply to come to Canada in order to nip back to the states after being deported ALL the time, so just another negative to add to even stronger concerns of recidivism.

Good luck

 

[scylla]

Hi

In order to be "deemed rehabilitated" 10 years from the end of the sentence must have passed.
My sentence was 37 months of imprisonment followed by 36 months of supervised release. The particularity of my case was that after i served my 37 months sentence i was deported so there was no supervised release. Would that still count as a part of the sentence by Canadian authorities?
The offence happened in the US

Thanks a lot

You should be able to count from the deportation date. Note that whether you can benefit from deemed rehabilitation will dependend on the nature of the crime you were convicted for. You may still have to go through the rehabilitation process.