Temporary Resident Permit versus Criminal Rehabilitation

0 Comment| 10:21 am


Do I need Temporary Resident Permit or Criminal Rehabilitation

You are deemed inadmissible if you have a past offence in your record and this may become a hurdle in trying to enter Canada. There are many things you can do to become admissible and two of them are Temporary Resident Permit and a Criminal Rehabilitation application. People have a hard time choosing the best option for their situation. Keep reading to see which category you fit under.

What makes you inadmissible to Canada?

What makes you, a foreign national, inadmissible comes down to the security and safety of Canada and Canadians. The Canadian government has the responsibility of making sure that Canadians are safe from any outside risk. There are many things that could make you inadmissible and here are some main ones:

  • Violation of Immigration, Refugees and Citizenship Canada
  • Criminal history – this could be a summary or a indictable conviction
  • Medical conditions deemed to be contagious or otherwise too serious
  • If you violate human or international rights
  • Part of an organization that participates in organized crime
  • Financial reasons
  • Misrepresentation

If you fall in any of these categories, most likely you will be turned around at the Canadian border. It crucial to remember that depending on how old you were while the offence was committed, you may not even need a temporary resident permit or a criminal rehabilitation. If you were charged and convicted as a minor then you may be allowed to enter Canada. It is highly recommended to advise a professional in any circumstances before attempting a journey to the Canadian border only to find out your inadmissibility.

How can I enter Canada with a Criminal History?

You can change your inadmissibility by applying to the Immigration, Refugees and Citizenship Canada. There are two options for people who have criminal inadmissibility to enter Canada; they can either apply for a Temporary Resident Permit or a Criminal Rehabilitation. You might be eligible for these two categories depending on factors such as:

  • Whether the crime was a summary conviction or a indictable
  • Your age at the time of the crime
  • How much time has elapsed since all sentencing have been conducted
  • The number of offences committed

Temporary Resident Permit (TRP)

As the name says it all, Temporary, this permit is best for people who have an emergency to be in Canada. This could be a family related emergency or business related, of course there could be other scenarios of urgency as well. Remember, a temporary resident permit (TRP) is not the same as a temporary visitor visa (TRV) . A TRV is designed for nationals of countries who require a visa to reside temporarily in Canada but has nothing to do with inadmissibility. A TRP is specifically designed for past offenders; that is why it is termed a permit, hence you have to request permission for this. Applying for a TRP is not a guarantee of permission to enter Canada. The decision lays in the hands of Canada Border Service Agents to either accept your application of reject it. As an applicant you can make your case stronger by providing certain documents to show that you are indeed rehabilitated.

The biggest difference between a TRP and a criminal rehabilitation is the time difference. How much time has passed since the completion of the sentencing in your offence makes a huge difference. Note how I said completion of offence not the charge or arrest. When you decide to apply for a TRP you will need many things to back your case up. Some of the documents you may need are:

  • Criminal clearances
  • Immigration forms
  • Letters

You can either send your application to the Canadian consulate or embassy located in your country or state or you can simply apply at the border. Consulate/embassy takes longer so your chances of approval may or may not be better. Port of entry (border) can be processed right away. You will be assessed on many things but most importantly you will be assessed on whether or not you pose a risk to the Canadian society. One of the main things that will increase your chances of approval is how prepared and strong your application is. There are many documents, dispositions, forms and letters that need to be drafted before you can attempt to take such a big risk.

The duration of a TRP depends entirely on individual cases. it could be valid for three years, one year or even one entry. You may ask for the longest time available but you may end up getting only one trip. If you are only eligible for a TRP at the moment and would like to be able to obtain the longest permit available, it is crucial that you consult an immigration professional to be able to get the highest available time possible.

Criminal Rehabilitation Application

You can only apply for a criminal rehabilitation if you meet the following criteria:

  • Must have been convicted of an offence outside of Canada
  • 5 years must have been elapsed since the completion the sentencing of the offence
  • When comparing the offence to Canadian criminal code, it must only generate an indictable offence punishable by a term not exceeding 10 years

If you fall under these categories then you may be able to apply for a criminal rehabilitation to remove the ground of inadmissibility but you have to prove to the immigration officer that you are likely to not offend again. A criminal rehabilitation is not a temporary permit, meaning once approved, you will be deemed admissible and it is good for ever. This is a much more complex application than the temporary resident permit and cannot be applied at the port of entry. The submission must be done at the Canadian embassy or consulate in your respective country or state. Once submitted give yourself ample time as this can take anywhere from six months to a year, or even longer depending on how complete your application was. Remember, all application are not assessed in the same light, everyone’s offences are different. Some of severe while some not too much and that could affect your application substantially. Sometimes if 10 years or more have passed, you may already be deemed rehabilitated, however, it all depends on the type of offence and how it is applied to the Canadian criminal code.

I got Criminal Record after Criminal Rehabilitation got Approved

A lot of people ask what happens if an offence that takes place after the approval of a criminal rehabilitation. The answer is simple; the criminal rehabilitation is no longer in effect. If your criminal rehabilitation was not successful and you happen to offend again, then you are no longer eligible for this application and will have to apply for a TRP.

Criminal rehabilitation is a very serious and complex application and success depends on factors such as completion of forms, letters, clearances, dockets, conviction certificates etc. An incomplete application can be returned to you, can be refused or can be delayed. Don’t take a chance and seek legal help as this is a serious matter and it’s crucial that you submit a strong and complete case from the beginning.

Looking to apply for a Criminal Rehabilitation or a Temporary Resident Permit but not sure if you qualify? Then contact Akrami and Associates.

Akrami and Associates has assisted many clients with different immigration matters from Temporary Resident Permit to many other successful applications. Contact Akrami and Associates for more information on how to apply for this application. For more details call 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Remember, With Akrami and Associates there is always a way!!