Record Suspension Application (Applicant) - Post-Grant IRCC Criminal Rehabilitation - Foreign National

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.

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