Denied at Canadian Border for a Criminal Record?
Have you traveled to Canada and found yourself being denied entry at the Canadian border due to a past offence on record? Do you have an urgent travel date and have a need to attend a business meeting or do you have a family emergency and need to cross borders to attend a funeral or wedding? Whatever your reason may be, immigration officers at the border can be very tough with individuals with past criminal record. At Akrami & Associates we get many calls every day in which a traveller was denied for past criminal record that dated back 30 years ago. No matter when the offence was the immigration officer has the right to deny you entry if they feel you are risk to Canadian citizens. So if have found yourself in a situation like this do not worry as our immigration experts have dealt with many inadmissibility issues and have helped many travellers cross the borders successfully. To help you overcome your inadmissibility issue for temporary basis Akrami & Associates can assist you by filing a Temporary Resident Permit (TRP) application. Our blog discusses reasons you can be denied entry to Canada, who is eligible to apply for TRP, how long the TRP is valid for, how you can obtain a TRP and many other things.
What is TRP?
A TRP is a Temporary Resident Permit which is a temporary status document issued to give you permission to enter Canada for family, business, or even tourism purposes, despite being inadmissible due to criminal, medical, or security issues. A TRP allows the permit holder either to enter or to remain in Canada for temporary basis. It is different than a TRV which is a Temporary Resident Visa that allows travellers that come from non-visa exempt countries to enter Canada while the TRP is for travellers that have an offence on record.
Who is Eligible for a TRP?
If you have been denied access to Canada on the grounds of inadmissibility but have a reason to travel to Canada that is justified in the circumstances, you may be eligible to apply for a Temporary Resident Permit which would allow you to enter Canada for a temporary, pre-determined length of time. You can be considered inadmissible to Canada from minor to major offences. Some of these offences include:
- Participated in acts of terrorism
- Spied on your enemies
- Violent acts against the government to overthrow them
- Committed crimes against humanity
- Participated in human right violations
- Misrepresented yourself to an immigration officer by providing false information or withholding information
- Committed a serious offence in which you ended up in prison for 10 years and more
- You have serious health issue that can be a risk to Canadian citizens
- Participated in money laundering or human trafficking
- Financial reasons in which you are unable to support yourself or family members while in Canada
- You have a family member that is inadmissible to Canada
- You did not comply with Immigration and Refugee and Protection Act (IRPA) previously (for example you overstayed your welcome stay in Canada)
- Have DUI, Felony, Misdemeanor etc
Need must outweigh Risk to get a TRP
In order for the immigration officer to allow you to pass through the Canadian border as the traveller you need to show that your need to enter and stay in Canada outweighs the health or safety risk to Canadian citizens. The immigration officer can deny you entry even if your offence on record is minor and occurred long time ago. If the immigration officer believes you do not meet the requirements or are potential risk to Canadian citizens then you simply get turned around to go back to your home country or detain depending on your situation. Individuals that want to travel for business have a higher chance of success than travellers that want to come for tourism or simply visit family or friends.
How long is the TRP valid for?
A Temporary Resident Permit is usually issued for the length of your visit to Canada. The duration depends on the circumstances of your own situation, such as a 7 day conference meeting or an emergency family issue. Your TRP might be valid for a day or months or up to 3 years. You must leave Canada by the expiry date of the permit, or get a new permit before your current one expires. There is no guarantee that you will be issued a TRP. It may also be cancelled by an officer at any time without notice. You may be refused to enter on the port of entry even you have a TRP.
What important things you need to know about TRP?
The mandatory documents are same as applying for a Temporary Resident Visa, which you can find the list on the Canadian government website. But there are also some very important documents that you must gather and prepare in order for a better chance to get the permit, including but not limited to:
- police clearance
- proof of your immigrant status
- court documents if any
- state clearances
- reference letters
- medical examination if requested
Note that you only need to submit the copies of the document when travelling at the Canadian Port of Entry. Original documents are only needed when submitting an application to the consulate. So remember when you are issued a TRP this does not mean you are no longer inadmissible to Canada. A lot of people assume if they obtained the TRP they have been cleared from their past criminal record unfortunately that is not the case. To clear out your inadmissibility for permanent basis you need to apply for Criminal Rehabilitation. Criminal Rehabilitation can be applied for if five years have passed since completion of sentence, probation, fine or whatever that was imposed on you. Criminal Rehabilitation can only be filed at consulate level meaning you cannot apply at the Port of Entry. Criminal Rehabilitation takes about 8-12 months for processing time while TRP you can get same day decision. Please see our blogs on Criminal Rehabilitation for detailed information.
Contact Akrami & Associates
TRP applications tend to have a higher risk of case refusal where the application is not properly prepared or completed. The Canadian immigration has very high and restricted standards when coming to determine such kind of permit. Thus, we highly recommend anyone who wants to apply for a TRP, who has a criminal record, who has been denied entry into Canada or who hasn’t been denied entry but is inadmissible to enter Canada on other grounds, get professional help with this one! Our expertise is dealing with such cases as we have been processed thousands of them. Regardless of any legal fees, you must pay a government fee of C$200 to cover the cost of processing your application for a temporary resident permit. The fee is not refundable no matter the permit is accepted or refused. Contact us at 416-477-2545 for details and help! With Akrami & Associates there is always a way!!