Who needs a Temporary Resident Permit
Everybody makes mistakes. There might be times when people commit wrongdoings. You were having a bad day. You wanted to have a couple of drinks and talk with your friends at a bar. When you were driving yourself home, a police officer stopped you. Unfortunately, you committed Driving Under the Influence (DUI) .Your criminal record is no longer blank. However, you will have a business meeting in Toronto in the coming week. Now, can the DUI be a barrier for your entry to Canada? In this blog post, you will learn about Temporary Resident Permit (TRP) , which is a travel document that allows you to overcome your inadmissibility to Canada for a limited amount of time.
What is a Temporary Resident Permit
The Temporary Resident Permit is NOT the same as the Temporary Resident Visa. The Temporary Resident permit is a “travel document” that overcomes your inadmissibility and grants you entry to Canada for a prefixed amount of time. The Temporary Resident Visa, on the other hand, is a “status document” that preauthorizes someone who does not come from a visa-exempt country to enter Canada.
Reasons for being Denied Entry into Canada
There are many different reasons that may cause an individual’s inadmissibility:
- Security reasons (espionage, subversion, violence, terrorism)
- Human or international rights violations (war crimes, crime against humanity, government officials engaged in gross human rights violations or subject to international sanctions)
- Committing a serious crime that would be punishable by a maximum prison term of at least 10 years in Canada
- Having been convicted of a crime, including driving while under the influence of drugs or alcohol
- Organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
- Health grounds – if their condition is likely to endanger public health or public safety, or cause excessive demands on health or social services (some exceptions exist)
- Financial reasons – if they are unable or unwilling to support themselves and their family members
- Misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
- Failure to comply with any provision of IRPA
- Having an inadmissible family member
Officer’s Decision when Granting Temporary Resident Permit
When an officer is making a decision, he or she will evaluate the “risk vs. need.” That being said, the officer considers whether or not your risk of imposing threat to Canada and Canadian citizens will outweigh your need to enter Canada. There are several factors that an officer will investigate in order to make sure your chance of committing a criminal offence is slim and your need to enter Canada is justifiable:
- The seriousness of the offence;
- The chances of successful settlement without committing further offences;
- Behavioural factors involved (drugs, alcohol);
- Evidence that you have reformed or are rehabilitated;
- Pattern of criminal behaviour (e.g., the offence a single event and out of character);
- Completion of all sentences, fines paid or restitution made;
- Outstanding criminal charges;
- Restriction of travel following probation or parole;
- Eligibility for rehabilitation or a pardon;
- Time elapsed since the offence occurred;
- Controversy or risk caused by presence of the person in Canada.
What should I Include in Temporary Resident Permit Application
The supporting documentation such as recent medical records, letters of support, and proof of a lack of recent criminal activity can be put forward.
As previously mentioned, the officer will consider your “risk vs. need.” When you are applying for a TRP at the consulate or at the port of entry, you need to inform the officer that your “risk” will not outweigh your “need” to come to Canada. In order to increase your chance of getting admitted to Canada, you are strongly encouraged to include the following in your application:
- Remorse for your previous offense(s);
- Your considerably changed moral character
- Your purpose or reason for seeking entry into Canada
- You would be considered a low risk traveller
It is important to note that, an application is also more likely to be successful if you inform the officer you have a credible reason to visit Canada. In other words, A TRP requested for a short duration tied to a specific event is more likely to be successful than the one requested for a long duration tied to a vague purpose.
Contact Akrami and Associates
Everybody deserves a second chance. Do not let your criminal record destroy your dream of coming to Canada. With professional help to prepare you for the right documentation and application, you will not be overwhelmed when you are applying for a TRP. Akrami and Associates have dealt with many kinds of difficult situations and have helped clients enter Canada despite their criminal records. More specifically, we will:
- Draft the necessary forms
- Draft appropriate supporting documentation demonstrating your need to enter Canada
- Demonstrate that you are a low risk traveler
- Translate your previous offense(s) into the appropriate Canada law while making the necessary arguments to strengthen your case
- Compile the strongest possible case as per your unique situation
- Prepare you for any interview should one be requested
- Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time
- Of course, be with you every step of the way
If you would like to inquire more information about Temporary Resident Permits or would like to book a consultation, please feel free to contact us at 416-477-2545 or info@thevisa.ca. With Akrami & Associates there is always a way!!