How to Apply for a Temporary Resident Permit at a Port of Entry
It is the case for many individuals that they realize they are criminally inadmissible to Canada, only a short time before they had intended to try to travel to Canada. This is an incredibly nerve wracking thing to become aware of, because it almost certainly means you will have an issue fulfilling your travel plans, as you will not be allowed to enter Canada. What makes this worse than simply being inadmissible to Canada, is that there is not enough time to apply for criminal rehabilitation, or apply for a temporary resident permit at the consulate level, both of which help communicate to immigration officers that you are serious about overcoming your status as inadmissible to Canada. Though, there is still a solution for individuals in this circumstance. You can apply for a temporary resident permit at a port of entry, as you try to enter Canada, rather than at the consulate. If you apply for a TRP at the border instead of the consulate, you will receive a decision the same day, rather than wait the typical 8-12 month processing times. If you have an urgent travel date coming up, and need to overcome your status as criminally inadmissible, keep reading this blog to learn how to apply for a TRP at a port of entry.
Can I Apply for A Temporary Resident Permit at the Port of Entry?
If you are an American citizen, it is easiest for you to apply for a temporary resident permit at the port of entry, since you can access the Canadian border without leaving your country of residence, and do not have to arrive by plane. If you are not an American citizen, it is much more risky to obtain a temporary resident permit at the port of entry because you would first have to board a flight, to arrive at the port of entry, and then submit your application and await a decision. There is no obligation for the officers to issue you access to Canada, and you will have to return at your own expense if your application is denied. Therefore, if you are not an American citizen, it is even more important to be aware of your inadmissibility well in advance of your planned travel date, as you will be much better off applying for a temporary resident permit at the consulate level, than taking your chances at the Canadian port of entry.
When Will I Be Granted A Temporary Resident Permit?
To be eligible for a Temporary Resident Permit, you must prove to an immigration officer that your need to enter or stay in Canada easily outweighs the safety risks you pose to Canadian society. Even if the reason you are inadmissible seems minor to you, and your criminal history is the result of a less-responsible youth, and you have grown into a mature adult, who has committed no other offenses and is not a risk to Canadians in the slightest, you still must demonstrate that your visit is justified. Sometimes, individuals wishing to enter Canada are trying to enter as a business visitor, or, to visit sick family or to attend an important family event. These things are often considered justifiable visits, though; this still does not mean they will be allowed to enter Canada. Regardless of how important your need to enter Canada is, you will not be permitted to enter unless you can prove you are not a risk to Canadians. In assessing an application for a temporary resident permit, immigration officers use their discretion to balance the needs, against the risks.
How Do I Prove I am Not a Risk?
This is where it is important to be well prepared, and have all the document an immigration officer could wish to review, ready. It is not enough to claim you are a moral upstanding member of society, who is not a risk to Canadians. You must provide documents from an official source which clearly indicate you have complied with all the conditions of your sentence, and are an upstanding member of Canadian society. This could be certificates indicating you have officially completed probation and paid your fines, or, court documents which clearly show the same. You will also want to show up with all record checks which are expected of you, to ensure there is no other issues Canadian border officers should know of. It is not enough to explain to a border officer that your occupation required you to take frequent record checks, and if you had not completed all of your sentences, you could not have our current job, so it is obvious that you have completed all sentences. You’re right, this could be indicative you have no criminal record now, but it is not the immigration officer’s job to infer on your situation. They want clear evidence that you have complied with all court orders.
What if my Application is approved?
If your request for a temporary resident permit is approved at the border, you will be permitted to enter Canada for the specific period of time the immigration officer has permitted you to remain in Canada. You must respect the terms of your temporary resident permit. Though, the most important thing to be aware of is that you must leave the country before your temporary resident permit expires.
What is my Application is denied?
Well, as mentioned, there are other ways to overcome your criminal inadmissibility. First, you could apply for a TRP at the consulate, or, you could submit an application for criminal rehabilitation to the consulate. Both of these are often analyzed with a bit more leniency than if you apply for a TRP at the border. These applications do not require you to have as compelling of a travel need, because you are being very proactive in ensuring you will be able to travel to Canada again. The focus of these applications shifts slightly to determining the risk an individual poses to Canadians, and whether they should be permitted to do so, without having an incredibly compelling reason to enter Canada. The difference is that at the port of entry, border officers have to question why you could not prepare to deal with your inadmissibility well in advance of your trip, and chose to apply at the port of entry. The purpose of a port of entry application is not to make it easy for individuals to avoid the long processing times experienced at the consulate, but to provide an emergency solution, in true emergency situations. Therefore, you can expect to be scrutinized in more detail at the port of entry, and will experience less leniency in general, than applications which are submitted at the consulate. This advice is based on Akrami and Associates years of experience with these cases, and as a disclaimer, it is important to note the Canadian Government does not claim applications which are submitted at the border, as opposed to the consulate, will be treated any differently. So, it could easily be the case that your applications are denied both at the border, and at the consulate.
Contact Akrami and Associates
Akrami and Associates has filed countless applications for a temporary resident permits, both at the border and at the consulate, as well as applications for criminal rehabilitation. Applying for a TRP is a complex task and is never guaranteed, no matter how strong your reasons are for visiting Canada. Issuing a TRP is completely at the discretion of the immigration officer processing your application. Therefore, it is incredibly important to be well prepared, even over-prepared, for your attempt to apply for a TRP at the port of entry. Akrami and Associates can do this by helping you prepare an application to bring with you to the port of entry, for your urgent travel date, and, help you also prepare an application to submit to the consulate before you head to the border. This will help show the border officer processing you at the port of entry, that you are serious about overcoming your criminality and will await the decision from the consulate, if you are unsuccessful at the port of entry.
With Akrami and Associates, there is always a way!