How to Qualify for Individual Rehabilitation

What is a TRP?

• TRP is short for Temporary Resident Permit

In order to overcome inadmissibility, you have the option of applying for a Temporary Resident Permit. This permit allows you to enter or stay in Canada if it has been less than 5 years since the end of your sentence or if you have valid reasons to be in Canada (in this situation you may begranted a TPR; however, an immigration officer at the border will have the final say whether your need to enter the country is greater than the health and safety risks of Canadian society.

Inadmissibility can range from minor criminal offences (e.g. shoplifting a candy bar) to major criminal offences (e.g. murder) to finding that one’s health condition will cause excessive demand on social services or a danger to public safety. You canbe denied for any criminal act, as well, inadmissibility can also be based on a perceived security threat to Canada, misrepresentation, involvement in human rights violations abroad or organized crime, or a determination that adequate arrangements for financial support have not been made. If you were under the age of 18 when the crime was committed, you might be allowed entry or stay in Canada. If you do fall within that category, depending onthe crime, how much time has passed since, and your behavioursince then, you still have an option as to how you can overcome inadmissibility.

Overcoming inadmissibility includes:

• convincing an immigration officer that you meet the legal requirements deemed rehabilitated
• applied for rehabilitation and was approved
• was granted a record suspension
• already have a temporary resident permit

Individual Rehabilitation

• it is assumed that you are better and are not likely to commit any new crimes
• in this case, you may apply for individualrehabilitation in order to enter Canada
  • you must show that you meet the criteria
  • that you have been rehabilitated
  • it must be shown that you are unlikely to commit or take part in future crimes
• in additionto the above, it must be at least 5 years since the day you committed the act and the end of your criminal sentence

An individual may apply for rehabilitation:

– the offence committed outside of Canada, would be an indictable offence punishable by a maximum of ten years or less if committed within Canada.

• five years after completion of his/her sentence.
• five years since the commissionof the offence.
• the offence committed outside of Canada, would be an indictable offence punishable by a maximum of ten years or more if committed within Canada
• five years after completion of his/her sentence
• five years since the commission of the offence.

How to calculate the 5 year waiting period:

• Suspended sentence: five years from date of sentencing.

• Suspended sentence with a fine: five years from date the fine was paid. If there was more one payment,the rehabilitation period is counted from date of the last payment.

• Imprisonment without parole: five years from the end of imprisonment term.

• Imprisonment with parole: five years from the end ofparole.

• Probation: five years from the end of the probation period.

• Diving prohibition: five years from the end of the prohibition.

If you are coming to or remaining in Canada and do not have approval:

• You must fill out an application for Rehabilitation, but in section A check the box “for information only” (if you know you are not eligible, you can do this as well and find out your options)

Things that may happen if you do not have approval:

• Canadian visa offices outside of Canada
  • Recommend that you do not travel to Canada
  • Recommend that you applyfor special permission (temporary resident permit) in order to enter Canada
• Ports of Entry
  • Not allowed to enter Canada and asked that you return to your country of departure immediately.
  • The officers may take enforcement action; this includes arrest, detention, and/or removal
  • Recommend that you apply for special permission (temporary resident permit) in order to enter Canada
• From within Canada
  • You may be asked to leave at your own will
  • The officers may take enforcement action; this includes arrest, detention, and/or removal
  • Recommend that you apply for special permission (temporary resident permit) in order to enter Canada

Overcoming inadmissibility is very difficult, and as there are a lot of situationsthat can be changed, there are also cases that cannot be changed. We hope these guidelines helped; if you have other questions or would like assistance with your matter, contact us for more details. Remember, at Akrami& Associates, there is Always a Way!