Criminal Record or Overstay in Canada
Have you been Denied Entry to Canada because you have past criminal record or have overstayed your welcome stay in Canada and not sure if you should apply for Temporary Resident Permit, Criminal Rehabilitation or Authorization to Return to Canada? There are key differences in these applications which will help you determine which one you need to apply for to be able to enter Canada. Denied Entry to Canada and Removal Orders article will discuss the difference between these applications and what requirements you need to meet to be eligible to apply.
Temporary Resident Permit
Temporary Resident Permit (TRP) is temporary document that allows you to enter Canada on temporary basis if you have past health, financial or criminal inadmissibility. For example, if you have urgent business or leisure trip planned to Canada and you have DUI on record than applying for TRP would be your best option. Even if your offence was over 30 years ago and you have served and completed everything in your home country, the immigration officer in Canada has the right to refuse you entry. You have to remember that Canadian immigration laws are different from immigration laws in your home country, therefore, what you served and completed may be completely different from what you have to serve in Canada. TRP is viable option for persons with urgent travel needs because you get same day decision at the port of entry rather than waiting 8-12 months to get a decision from the consulate. TRP can be applied at the port of entry only if you come from visa-exempt country such United States. The immigration officer will review need versus risk. Your need for entry has to outweigh the risks imposed on Canadian citizens. If the immigration feels that the offence on record is not a good enough reason for you to enter Canada then you will be refused entry and asked to apply at the consulate level.
Criminal Rehabilitation is also for persons with past health, financial or criminal inadmissibility but this document is permanent solution if you qualify to apply. To determine if you qualify for criminal rehabilitation the immigration officers looks at the following:
- What your offence on record was
- How many offences you got on record
- What was imposed on you
- What you served and completed
- Why you want to travel to Canada
- Your current situation
To determine if you have to wait 5 or 10 years depends on the above reason. If you qualify for criminal rehabilitation the wait time is usually 8-12 months and can only be submitted at consulate level. Sometimes your application may be sent for secondary review and that can be up to 18 months or plus (usually for serious and multiple offences).
These applications are not easy and highly recommended to consult with an immigration expert prior to starting your application process. You can call us at 416-477-2545 for more information on this matter.
Authorization to Return to Canada ARC
Authorization to Return to Canada (ARC) is needed when you have removal order from Canada. The removal order can be received because you have overstayed your welcome stay in Canada as a temporary resident, you have submitted refugee application in the past and your application was refused, you have misrepresented yourself and many other reasons. Should you find yourself in a situation like that you would have to apply for ARC application. When you are applying for ARC you are requesting permission from the government of Canada to be able to enter.
It is important to note that there are three types of removal orders and each have their own set of requirements:
- If you received Departure Order and you left the country within the 30 days given to you and have verified your departure with a Canadian immigration officer at the port of exit then you do not need ARC and can travel to Canada just like anyone else.
- If you received an Exclusion Order and 12 months has passed since receiving the exclusion order you can enter Canada normally like everyone else as long as you have the certificate of departure showing the date you left Canada. If you want to travel to Canada before the 12 month period than unfortunately you would need to apply for an ARC application.
- If you received a Deportation Order then you have no choice but to apply for an ARC application. You cannot enter Canada until you get a decision your ARC application.
Please ensure if you get a departure or exclusion order from Canada to get the exit stamp on your passport. Having the exit stamp will proof you have left on time, so make sure the officer stamps your passport so you do not have to apply for ARC in the future. A lot of times persons that have received departure or exclusion order and forget to get the exit stamp and have no choice but to apply for ARC application because they cannot prove their exit.
Contact Akrami & Associates
If you have received a removal order or been denied entry to Canada for past health, financial or criminal inadmissibility then contact Akrami & Associates at 416-477-2545. Tackling these applications on your own is not easy and you can risk your chance for entering Canada. Our immigration experts have deal with TRP, Criminal Rehabilitation and ARC applications on daily basis and we can help you too. Call us today for further details.With Akrami & Associates there is always a way !!