Temporary Resident Permit versus Criminal Rehabilitation

0 Comment| 7:20 am


Inadmissible to Canada?

Have you been deemed inadmissible to Canada? Researching how to come to Canada despite your inadmissibility? There are two relevant applications when it comes to inadmissibility. The first is what is known as the Temporary Resident Permit (TRP). The second document is called Criminal Rehabilitation. Though similar in the matters that they deal with, there are set differences between the two. You would need to understand the difference between the two to see which, or if both, applications you should file in order to enter Canada.

Difference between Criminal Rehabilitation and the Temporary Resident Permit?

The strongest difference between Criminal Rehabilitation and the Temporary Resident Permit is how long you can enter Canada. With the Temporary Resident Permit, you will only be allowed entry to Canada once. It is not a multiple-entry document. The permit will state how long you are allowed to stay in Canada, as well as any limitations. Criminal Rehabilitation, on the other hand, deals with your inadmissibility in a way that resolves it. This means that you would not have an inadmissibility to Canada anymore; thus, you can enter Canada freely (granted you still have the other documents required, as an individual with no inadmissibility).

Reasons you can be considered Inadmissible to Canada

There are many reasons why you would be deemed inadmissible to Canada. This could be due to your criminal history. Being convicted of a crime is one of the most common reasons why individuals are denied entry to Canada, regardless of what the specific crime is. Another reason for inadmissibility could be due to a security risk to other Canadian citizens, or ties to organized crimes. There are further reasons why an individual would be denied entry, such as: committing human or international rights violations, having medical problems that could be threatening to Canada, being financially inadmissible, being dishonest in previous applications, being inadmissible due to immigration laws put in place, or even because one of your family members has been banned from Canada.

When Do I need to apply for Criminal Rehabilitation?

You can apply for Criminal Rehabilitation if your inadmissibility is a criminal one. Even then, there are still some restrictions for eligibility. Your eligibility to Criminal Rehabilitation is based on the type of offense you were convicted of. If you were convicted of an indictable offense that is punishable for up to ten years of imprisonment, you may apply for Criminal Rehabilitation five years after you have completed your sentence. If you finished your sentence ten years ago, you are considered rehabilitated and would not be inadmissible to Canada for those criminal reasons. If you were convicted of an offense that is punishable by more than ten years, you may only apply for Criminal Rehabilitation five years after you finish your sentence. However, you will not be deemed rehabilitated after any given time. Finally, if you were convicted for two or more offenses that are equivalent to a Canadian summary conviction offense, you may not apply for rehabilitation. Rather, you will need to wait until 5 years after the sentence was completed to be considered automatically rehabilitated.

Who can apply for Temporary Resident Permit (TRP)?

You can apply for a Temporary Resident Permit if you have a valid reason to enter Canada despite your inadmissibility. The officer in charge of your application will weigh the necessity of your presence in Canada with your possible threat to other Canadian citizens and make an informed decision. Ultimately, it is at the discretion of the immigration officer dealing with your case to decide whether or not you may enter Canada, and for how long.

You may need to apply for a TRP rather than Criminal Rehabilitation if your inadmissibility is not due to criminal reasons. This can be because you embody a health concern to other Canadians, are a general security threat, have a family member that is banned from Canada, or have financial issues (above other reasons). In these cases, Criminal Rehabilitation will not work for you and your only option would be to apply for a Temporary Resident Permit. Alternatively, there are certain situations in which you would have a criminal inadmissibility but still only apply for a Temporary Resident Permit. This can be because you are ineligible to apply for Criminal Rehabilitation due to time limits; the required amount of time has not passed since you completed your sentence.

If you have an urgent reason to be in Canada, you will likely need to apply for a TRP. However, if you know that you will need to enter Canada again in the future and are currently eligible for Criminal Rehabilitation, you can apply for both at the same time. This way you can enter Canada immediately as per your travel needs, but also be prepared for the future when you may need to enter Canada again.

What if I need to stay in Canada longer than my TRP states?

If you need to stay in Canada for longer than the validity of your TRP, you may apply for a second TRP. It is crucial that you pay attention to the validity of your passport as well, because your TRP can only be valid as long as your passport is. This is because the passport is the document that allows you to enter and leave countries. Thus, if you have requested a particular amount of time to stay in Canada with your TRP, ensure that your passport also validates the dates you have requested.

In your application for a second TRP, the immigration officer will again be responsible for determining whether or not you are allowed to extend your stay. Mostly, one of the most important factors they will be looking for is if you still have your inadmissibility. If you are able to overcome your inadmissibility by applying for Criminal Rehabilitation, it is necessary that you do so. For example, if you couldn’t previously apply for Criminal Rehabilitation because only 4 of the 5 years had passed, but now you stayed in Canada for another year, you would be able to apply for Criminal Rehabilitation now and it is expected that you do so. Otherwise, it is pertinent that you demonstrated you put in effort and took necessary steps to at least attempt to overcome your inadmissibility.

Contact Akrami and Associates

If you are deemed inadmissible to Canada and are wondering how to proceed, consider contacting Akrami and Associates! Our team of experienced and dedicated immigration professionals will be able to assess your situation and advise you on how to proceed. With Akrami and Associates, there is always a way!