How to Obtain Temporary Residence in Canada with a Criminal Record

How to Gain Entry and Temporary Residence in Canada with a Criminal Record

There are thousands of people from all around the world who wish to enter Canada and discover what the county has to offer. However, there are many of these individuals who get denied entry into Canada due to inadmissibility issues, specifically for criminal inadmissibility. Individuals who have a criminal record, even if the offence or charge was from several years ago, will most often still be denied entry into Canada regardless. Canada is a very welcoming country, yet the Canadian government still needs to ensure that its citizens and residents are safe and protected. Therefore, in this article, I will explain how to obtain temporary residence in Canada with a criminal record.

Reasons to be Denied Entry into Canada

It is important to recognize that being denied entry into Canada can stem from a criminal record and criminality but also because of several other reasons. For instance, individuals can be denied entry to Canada for not having the appropriate documentation to enter, such as a Temporary Resident Visa, also known as a Visitor Visa. If you do not have the proper authorization to enter Canada, you will be denied entry. Similarly, if you were not aware if you needed an authorization document to enter Canada, you will be denied entry into Canada, unfortunately. In addition, you must always bring your identity documents, such as a passport or a national identity card in order to prove who you are to Immigration.

On the other hand, other reasons for being denied entry into Canada include medical inadmissibility, financial inadmissibility, criminal inadmissibility, security reasons, human or international rights violations, misrepresentation and much more. Immigration officers have the ultimate discretion to either allow or deny entry to any foreign national trying to enter Canada. Therefore, it is best to determine your admissibility to Canada before attempting to enter the country, to avoid any delays or complications. If you are deemed inadmissible to Canada and are then denied entry, this can be a large cost to the traveller as they would have to return back to their country. Thankfully, there are solutions and ways to obtain temporary residence in Canada with a criminal record.

Solution: Temporary Resident Permit

For any individual who has been denied entry due to criminal inadmissibility, medical inadmissibility or any kind of inadmissibility, they can ultimately feel stuck and not able to ever come back to Canada again. However, this is thankfully not the case and so long as these individuals abide by the eligibility requirements, they may be able to apply for a Temporary Resident Permit to allow them to enter Canada with proper authorization, all while still having inadmissibility issues.

A Temporary Resident Permit is an authorized document issued by Canadian Immigration to allow a foreign national to enter Canada, even though they have inadmissibility issues. Inadmissibility issues are based on the same reasons why the foreign national was initially denied entry into Canada. For instance, if a foreign national was denied entry into Canada due to having a criminal record from two years ago, the individual will also be criminally inadmissible because of the criminal record as well.

It is important to know that a Temporary Resident Permit allows the foreign national to enter Canada only temporarily. Therefore, the time frame that the foreign national is permitted to enter Canada is determined by the Immigration officer. Specifically, the validity period of a Temporary Resident Permit can be either one day or up to three years; this entirely depends on the reasons for why the foreign national needs to enter the country in the first place. For instance, if the foreign national needs to enter Canada to go on a skiing trip with their family for a week’s time, then the Temporary Resident Permit can be issued for a week’s time or more depending on the officer’s discretion.

Please note that a foreign national will need to apply for a Temporary Resident Permit every time they need to enter Canada so long as they have their inadmissibility issues. If they would like to permanently resolve their inadmissibility issues, they can apply for a Criminal Rehabilitation.

Where to Apply for a Temporary Resident Permit

A foreign national can either apply for a Temporary Resident Permit at a Port of Entry or at the Canadian Consulate. However, if you would like the Immigration officer to assess and examine all of your documents and information in more detail, it is best to submit your application to the Canadian Consulate. In contrast, if the foreign national is on a time constraint and needs to enter Canada urgently, they can apply for the Temporary Resident Permit at a Canadian port of entry. The Immigration will of course analyze all of the information and documentation provided; however, they will ultimately have to make a decision on the application the same day. This can be very beneficial for the foreign national or detrimental because they could be denied entry again and forced to return to their country. Therefore, it is a chance that the foreign national must take in order to enter Canada.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a Temporary Resident Permit to resolve your criminal inadmissibility. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have criminal inadmissibility apply for a Temporary Resident Permit to resolve their criminal inadmissibility. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!