TRP And Criminal Rehabilitation
What Is A Temporary Resident Permit?
A Temporary Resident Permit is usually referred to as TRP and allows you to enter Canada temporarily despite the fact that you are considered inadmissible. In many cases individuals make the assumption that they are admissible and later realize that this is not a given.
Why Do I Need It?
If you are considered inadmissible to Canada, you will not be able to enter until this is address and overcome. In order to overcome your inadmissibility, you can apply for a TRP or Criminal Rehabilitation application. Whatever your reason for entering Canada, you will not be able to do so until you are admissible.
If your health is a risk to the safety of the Canadian society, you may also be considered inadmissible. Thus, the Temporary Resident Permit allows you provide justifiable reasons to enter into Canada for a temporary visit and therefore overcome your inadmissibility.
Why Would You Be Considered Inadmissible?
You can be considered inadmissible into Canada for various reasons. If considered inadmissible, you may be denied a visa or if you have applied to enter into Canada, you may be refused entry. You can be considered inadmissible for such things as:
- Security reasons;
- Human or international rights violation;
- Criminal activity;
- Health grounds;
- Security Risk; and
- It is deemed that you have ties to a criminal organization.
A Temporary Resident Permit is given to individuals who have legitimate reasons to enter into Canada but are deemed inadmissible due to various issues. It will be determined by Citizenship and Immigration Canada or a border Official at the time of entry whether or not you are considered inadmissible.
What Is Criminal Rehabilitation?
It’s an application process created by the government of Canada that provides an opportunity to those seeking to enter into Canada despite the fact that they have committed a criminal offence in the past. Unlike the Temporary Resident Permit which will eventually expire, if you are considered criminally rehabilitated, you are no longer inadmissible to Canada. Essentially, you will be permanently overcoming your previous inadmissibility issues.
Do I Qualify?
You only qualify for criminal rehabilitation if the crimes you have committed occurred outside of Canada. If the crimes were inside Canada and you are seeking entry into Canada, you only need to ask for a pardon and there is no need for you to request for criminal rehabilitation.
If more than 10 years have passed since the offence was committed then you can be deemed rehabilitated, but if it is less than 10 years then you have to apply for Individual Criminal Rehabilitation.
Being deemed rehabilitated only applies if you have only committed 1 indictable offence but if it is more than one then you have to apply for Criminal Rehabilitation.
What Does Criminal Rehabilitation Do?
- Overcomes inadmissibility permanently;
- Negates the need to address previous criminality when entering Canada;
- You will no longer need to continuously obtain new Temporary Resident Permits.
Is There An Eligibility Criterion?
Yes, for you to be eligible for Criminal Rehabilitation you have to meet the following criteria:
- The crime must be committed outside of Canada
- Must be convicted of the crime
- Five years must have passed since the completion of the sentence for the particular crime
How Do I Know What Kind Of Offence It Is?
For Criminal Rehabilitation, the government of Canada requires that the crime that was committed in a foreign country be equivalent to a crime in Canada. The passage of time depends on the crime that was committed, whether it was an indictable offence or a summary offence.
Is Criminal Rehabilitation The Same As TRP?
The time for Criminal Rehabilitation application takes around 18 months for it to be processed, which is a lot longer for a TRP application to be processed.
You can apply at the same time for both Criminal Rehabilitation and a TRP.
TRP should be applied for if you need to enter Canada at a sooner date as it can be done at a port of entry.
We Can Help!
Going through this process can be tough, especially when you have little knowledge of the law. Immigration law can be very complicated as there are many things that can be overlooked.
At Akrami & Associates, we have experienced immigration representatives that will guide you through the whole process and help you attain the result you desire.
Feel free to contact us so we can discuss your options and help you achieve your goals. With Akrami & Associates, there is always a way!
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