Temporary Resident Permit Q and A

Can I Apply for a Temporary Resident Permit at the Border

Yes. If you have an urgent travel date, you may apply for a temporary resident permit at the border. In this way, you may get a same-day decision from the officer. Even though applying for a temporary resident permit at the port of entry allows you to receive a fast decision, there is a downside of it. You could be refused and turned away at the border, meaning that you will waste every effort you have made for your trip to Canada. In some rare cases, you could be detained by the Canadian Immigration authorities.

If your application is refused at the port of entry, you have no choice but to apply for a temporary resident permit at the consulate. You can also apply for criminal rehabilitation at the consulate, if you are eligible. 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 for individuals who have an urgent trip to Canada. As a result, you can expect to be scrutinized in more detail at the port of entry.

What can I Expect at the Port of Entry

The officer will assess your application based on the “need V.S. risk.” The officer considers whether or not your risk of imposing threat to Canada and Canadian citizens will outweigh your need to enter Canada. There are several factors that an officer will investigate in order to make sure your chance of committing a criminal offence is low, and your need to enter Canada is justifiable. For example, the officer will look at the seriousness of your offence, behavioural factors involved (drugs, alcohol), your likelihood to reoffend, evidence that you have reformed or are rehabilitated, outstanding criminal charges, time elapsed since the offence occurred, and so on.

When the officer asks you about your criminal record, make sure you answer all questions politely and correctly. The officer will also ask about your purpose of visit. It is important to note that, an application is more likely to be successful, if you inform the officer you have a credible reason to visit Canada. In other words, A TRP requested for a short duration tied to a specific event is more likely to be successful than the one requested for a long duration tied to a vague purpose. Additionally, if you are traveling to Canada for employment reasons, you may have a lightly higher chance than those traveling to Canada for leisure reasons.

Last but not least, when you are answering the questions, you need to demonstrate your remorse and regret for your previous offense(s), your considerably changed moral character, lessons you have learned from your past mistakes, and so on.

Can I Apply for a Temporary Resident Permit at the Consulate

Yes. However, you can expect a much longer processing time if you are applying for a temporary resident permit at the consulate. Generally, the processing time at the consulate is about 8 to 12 months. As previously mentioned, if you do not have enough time to wait for such a long processing time, then applying for a temporary resident permit at the port of entry will be your alternative.

How long is my Temporary Resident Permit Valid for

The validity of your temporary resident permit is based on the officer’s decision. The validity period ranges from one day to three years. If you want to permanently be admissible to Canada, you can apply for criminal rehabilitation instead. The validity of your permit is evaluated based on the foreign national’s need to enter Canada. If the purpose for entering Canada is for leisure, then your chance may slightly decrease. However, if you have a specific event, such as  family gathering, wedding, funeral, or your purpose of travel is for business, you chance of entering Canada can be higher.

What If My Criminal Offence Occurred Many Years Ago

If your conviction occurred 5 years ago or longer, you may determine whether or not you are qualified for a criminal rehabilitation application. A Criminal Rehabilitation application allows you to overcome criminal inadmissibility on a permanent basis. If you travel often to Canada, or if you do not want to keep renewing your temporary resident permit, you may want to apply for criminal rehabilitation.

Unlike Temporary Resident Permits, which can be applied at both the port of entry and the consulate, criminal rehabilitation can only be applied at the consulate. Furthermore, the processing time is even longer for criminal rehabilitation. Generally, it takes 12 to 18 months to get a decision from the consulate.

Contact Akrami and Associates

The rules set by the Canadian government are very strict when it comes to inadmissibility. Having to prepare all the required documents can very confusing and exhausting. If you would like to apply for a Temporary Resident Permit, it is essential to note that this type of application is difficult to pursue on your own. Therefore, it is highly recommended that you seek out professional and experienced help prior to submitting the application. Akrami & Associates work and have experience with many different immigration matters. We have helped many of our clients create strong Temporary Resident Permit applications. Please feel free to contact Akrami & Associates 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 and Associates, there is always a way!!