Legal Project Management Plan & Checklist
Use this fork when the client is a foreign national who has been granted a Canadian record suspension and now needs to apply to Immigration, Refugees and Citizenship Canada for Criminal Rehabilitation to resolve their ongoing inadmissibility to Canada. A Canadian record suspension alone does not resolve immigration inadmissibility - a foreign national with a Canadian conviction must also obtain a finding of Criminal Rehabilitation from IRCC before their inadmissibility is lifted.
Federal - administered by Immigration, Refugees and Citizenship Canada under the Immigration and Refugee Protection Act. The record suspension granted under the Criminal Records Act RSC 1985 c C-47 is a prerequisite - Criminal Rehabilitation cannot be applied for without it.
Counsel first confirms the record suspension has been granted and the client is a foreign national with a conviction that renders them inadmissible under s 36 of the Immigration and Refugee Protection Act. Counsel determines whether the client seeks deemed rehabilitation (if eligible based on time elapsed and offence type) or a formal Criminal Rehabilitation application. For formal applications, counsel compiles the application package including the record suspension order, proof of sentence completion, and a personal statement addressing rehabilitation. The application is submitted to the visa office or inland IRCC office with the applicable processing fee.
Immigration and Refugee Protection Act SC 2001 c 27 - s 36(1) (serious criminality - indictable offence with maximum sentence of 10 years or actual sentence of 6 months or more), s 36(2) (criminality - summary conviction or two or more offences). Criminal Rehabilitation application: IRCC requires the Canadian record suspension order as a supporting document. Processing fee applies (currently $200 CAD for non-serious criminality, $1,000 CAD for serious criminality). Deemed rehabilitation may apply if: (a) 10 years have elapsed since completing the sentence for a single non-serious offence, and (b) the offence would be equivalent to a summary conviction in Canada. Applicants who were convicted of a serious criminal offence (s 36(1)) are never deemed rehabilitated and must apply formally. Standard processing times vary by visa office - typically 6 to 12 months. If the client also has a US inadmissibility issue, a separate US Entry Waiver through CBP is required and falls outside this plan.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Record Suspension Application (Applicant) - Post-Grant IRCC Criminal Rehabilitation - Foreign National matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
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