Denied Entry to Canada for Criminal Inadmissibility

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Temporary Resident Permit for Criminal Inadmissibility

Did you travel to Canada and found yourself banned from entering Canada due to an inadmissibility issue or failure to meet Canadian immigration requirements? For persons that are criminally inadmissible to Canada they may be eligible to apply for a document called Temporary Resident Permit (TRP) either at the Port of Entry or Consulate level. Receiving a Temporary Resident Permit is not an easy process as the immigration officer assesses need vs. risk of you entering Canada. If the risk outweighs the need then most likely you are sent back to your home country.

What is Temporary Resident Permit (TRP)?

Temporary Resident Permit also known as TRP is a permit that is granted to foreign nationals who have inadmissibility issue to Canada. TRP allows individuals to enter Canada for set period of time and a specific purpose. The maximum a TRP is granted for is 3 years, it validity all depends on your nature of visit to Canada. The officer grants you what he/she seems fit based on your travel needs. So a TRP remains valid until it is either cancelled; the permit holder leaves Canada without obtaining prior authorization to re-enter; the period of validity in the permit expires or a period of three years elapses. Usually, applicants that need a TRP include persons that need to come for business trip, family or emergency situation. So ensure when you prepare your TRP application your purpose of visit is explained clearly and in detail. Temporary Resident Permits can also be used for entry by foreign workers, international students or visitor but not for permanent residency processes. So if you have criminal inadmissibility you are not eligible to apply for Permanent Residence (PR) until you overcome your inadmissibility issue to Canada. The offence has to be permanently removed from your record through Criminal Rehabilitation or if you are deemed rehabilitated.

When can TRP be issued?

  • The offense committed was minor
  • Not more than two convictions
  • pattern of criminal behavior does not exist
  • All sentences have been served and completed
  • High chance that you will not reoffend

A TRP may also be issued for those inadmissible on health grounds if:

  • There is no treatment available at your home country
  • The cost of treatment is very expensive
  • How the medical costs will be covered

Should I travel by Air or Ground to obtain TRP?

Whether travelling by air or ground the Canadian immigration officer assessing the application has the ultimate discretion to either approve or refuse the applicants application to Canada. When it comes to which Port of Entry to use, it is recommended to travel by air to have a higher chance of approval. When you enter Canada by air ensure you have your application prepared in advance for the immigration officer to asses. So when you enter Canada by air the immigration officials at the airport usually conduct a background check on the list of passenger they have access to. So if you have inadmissibility issue most likely you will be asked to go through a second round of screening. Immigration officers at the airports are usually more knowledgeable and have more experience in decision of admissibility than officers at other port of entries. Also, chance of success tends to be higher at the airports because the cost of rejecting an applicant’s TRP can be higher than other ports of entry. Usually, rejections require an immigration officer to book a flight back to their home country and escort the applicant through the airport to ensure they board plane and leave the country. When you drive to Canadian borders it is easier for the border officer to turn you back around to your home country therefore the cost are relatively less. Also, immigration officers at the border are less familiar with admissibility procedures than officers at the airport. When you cross by land the immigration can scan your passport to see if you have any criminal inadmissibility issues to Canada. Since most officers at land are less familiar with admissibility procedures and requirements. This in return can cause a problem for someone who has had a prior conviction but has been deemed rehabilitated and no longer inadmissible. Because lack of knowledge the officer may have, you can potentially be Denied Entry to Canada by the officer at the border. In cases like that it is recommended by Citizenship and Immigration Canada (CIC) to bring a legal opinion letter which confirms admissibility to the border. So if you are planning to travel to Canada by car, bus or train then the chance of being allowed entry increases if the applicant also has submitted an application at the consulate level. When you submit at consulate it minimizes any uncertainty the officer may have, because it shows you are serious of taking care of your inadmissibility matter.

Travelling by Cruise with Inadmissibility

When travelling to Canada by sea, especially foreign travellers that come on cruise can face risks of being denied. Usually, travellers that come by cruise have not been warned of the possible implications they may possibly face. So if your cruise leaves from Canadian port of entry and you have an offense on record then you are unable to board your cruise. Cruise lines usually never refund their trip because of their situation. Also, immigration officers at sea ports also are less knowledgeable about admissibility issue which can result in some uncertainty for travellers. If you happen to get denied you have to exit Canada immediately by flight at your own expense.

Can I go to the Consulate and submit my TRP application in person?

Canadian consulate no longer offers walk in services to conduct eligibility assessment for applicants due to budget cuts therefore it is recommended to speak with immigration representative prior to starting your application to analyze the equivalency of convictions. Persons with inadmissibility issues are advised to hire an immigration representative to ensure the best immigration strategy to have higher chance of success.

Contact Akrami & Associates

To have better chance of success with entering any of the borders it is recommended to have an application for Temporary Resident Permit prepared by an immigration lawyer to help facilitate the process. Temporary Resident Permit applications are a complicated area of Canadian Immigration, made more difficult by the fact that you are already considered ‘inadmissible’ before applying. Your best chance at receiving an approval is by submitting a strong application with professional completed forms, ample evidence, and a strong narrative that highlights how you have undergone a change in behavior since your previous convictions, your remorse for your crimes, the validity of your need to enter Canada, and to thoroughly convince the officer that you will not reoffend while in Canada. This is best accomplished with the help of a skilled Immigration firm with hundreds of Temporary Resident Permit applications submitted on behalf of their clients. Don’t let a DUI, Misdemeanor, Felony, Theft or Assault charge prevent you from experiencing all that Canada has to offer, Akrami & Associates has the skills and experience needed to give you every advantage possible while navigating your inadmissibility, and Temporary Resident Permit application process. Contact us for a consultation today. With Akrami & Associates there is always a way!