Processing your application for temporary resident permit
Canada has always been accepting of new residents, no matter their background. However, this does not mean that Canada does not carry out security checks on people hoping to enter the country. Have you ever been convicted of driving under the influence? Maybe a minor assault? Well, this may affect your entry process into Canada. This article will discuss how you can apply for a temporary resident permit with a previous criminal record.
Are you criminally inadmissible into Canada
A Criminally inadmissible person is a person with a previous criminal record which will prevent you from entering into Canada. Reasons which may not allow you into Canada include:
- you are a security risk to Canada
- you have committed human rights violations
- you have been convicted of a crime inside or outside Canada
- you have ties to a criminal group
- you have an urgent health problem
- you have an urgent financial problem
- you lied in your application process
- you do not meet the conditions in Canada’s immigration law
- one of your family members is not allowed into Canada
Usually, if a person has been convicted of any of these offences, they would not be allowed entry into Canada. However, if you have a valid reason in which to enter Canada, the government may issue a temporary resident permit (TRP).
How to Overcome Criminal Inadmissibility into Canada
Depending on the severity and longevity of the crime, you may still be able to enter Canada under a temporary resident permit (TRP). The circumstances which may allow you to obtain a TRP include: convincing an immigration officer that you are eligible to enter, that you meet the legal terms to be rehabilitated, or were granted a record suspension.
Criminal Rehabilitation in order to become admissible into Canada
There are two forms of rehabilitation which may aid your entry into Canada. The first is deemed rehabilitation. Deemed rehabilitation means that enough time has passed since your criminal act that you’re no longer pose a threat to Canadian society and are eligible to obtain a TRP. Of course, the process at which one is deemed rehabilitated depends on the severity and type of crime committed. The second form of rehabilitation is individual rehabilitation. Individual rehabilitation means that you are not likely to commit new crimes. To apply for rehabilitation, you must show that you have been deemed rehabilitated and that 5 years have passed since your sentence has been served or the date of the crime committed. If you are a foreign national, you need an Electronic Travel Authorization (eTA). To do this, you must submit a separate application for criminal rehabilitation before you apply for a temporary resident permit.
Assessment by Canadian officials to be allowed entry into Canada
Depending on your country of residence, the process by which you can be assessed may differ. Individuals in the US can be assessed at a Canadian port of entry, while other internationals may be assessed by a visa officer at a Canadian embassy. It is important to note that Canadian visa offices in the US do not use this process, so assessment by port of entry in the US is mandatory. To be assessed by a visa officer, you must first fill out the application for rehabilitation, and in section “A” you must make sure to check the “information only” box. You will not have to pay a processing fee, and an officer will inform you on what steps to take next. Your application will be reviewed to determine if you have been deemed rehabilitated. Some factors which they may review are: amount of crimes committed, severity of crime, explanation of crime and why you are likely not to do it again. If you are not deemed rehabilitated, no worries! You still have one more option; you can apply for individual rehabilitation.
If you are attempting to be processed at a Canadian port of entry, make sure you have all necessary documents relating to your criminal history and other supporting documents. An immigration officer at the port of entry will review your case and assess your eligibility of your entry into Canada.
Applying for a temporary resident permit for entry into Canada with Criminal Inadmissibility
Once you have been deemed rehabilitated by the Canadian government, you are eligible to finally apply for a temporary resident permit! You can apply for the TRP by submitting an application online at the Canadian government website at www.Canada.ca. If you are not deemed rehabilitated, you can still apply for individual rehabilitation, in which case if it is cleared, you can also apply for a TRP. Of course, some applications will not go as smoothly as you’d like it to go, this is why we are here to help!
Contact Akrami & Associates
If you have any further questions or inquiries, do not hesitate to contact us. We understand that entering Canada with a criminal inadmissibility may be hard; this is why we are here to help. It is highly recommended that you seek assistance in a process as difficult as criminal inadmissibility into Canada, doing this alone may leave you confused, frustrated and may lead to a failed application process. With our experience here at Akrami and associates, we can find a way for you to overcome the difficult process and help you be admissible into Canada. If you or someone you know is attempting entry into Canada but is criminally inadmissible, contact us at our office number: (416) 447-2545. We can provide legal assistance or consultation with an immigration professional for you or your loved ones.
With Akrami & Associates, there is always a way!