Temporary Resident Permit Canada

What to Do if You are Denied Entry to Canada Because of a Past Criminal Conviction

What is Temporary Resident Permit?

A temporary resident permit or TRP is a document authorizing a person who is otherwise inadmissible to Canada or does not meet the requirements of the Immigration and Refugee Protection Act as either a temporary resident or a permanent resident to enter or remain in Canada. Temporary resident permits are only issued in exceptional circumstances, and may be cancelled at any time.

Temporary Resident Permit Canada Form (IMM 5708)

In order to overcome being denied entry to Canada you need to file for Temporary Resident Permit (TRP) application which is the "Form IMM5708". Upon successful completion of Form IMM5708 and also satisfying the Canadian Border Agent that you are no danger to Canadians they will issue you a Temporary Resident Permit valid for up to 3 years. Once having Temporary Resident Permit in hand, you can enter Canada freely without any problem even if you had DUI or DWI or other criminal record in the past. Filling IMM5708 form for Temporary Resident Permit can be very confusing for some people. We strongly suggest you to hire a Immigration Lawyer or a Consultant to help you with your Temporary Resident Permit appliction.

Temporary Resident Permit Application

To make a TRP application compelling, it is essential to convince the officer that the applicant poses no danger to the Canadian public, and will not be reliant on Canadian social services. Supporting documentation such as recent medical records, letters of support, and proof of a lack of recent criminal activity can be put forward. An application is also more likely to succeed where there is a credible reason for the visit to Canada. A temporary resident permit requested for a limited duration tied to a specific event is likely to be looked upon more favourably than one requested for a longer duration and a vague purpose.

Officers are afforded significant discretion in evaluating a TRP application. Still, the officer considering the application is required to act fairly, to account for all relevant factors, and to properly weigh those factors before rendering a decision. For instance, where a TRP is sought to overcome criminal inadmissibility, the officer is directed to consider the seriousness of the offence, and to undertake an assessment of the risk of further criminal activity. If this duty to act fairly is breached, the decision may be overturned by the Federal Court on judicial review. The application will then be sent back for re-determination by a different officer. There are case law precedents where a refusal to extend a TRP has been overturned on judicial review because the officer failed to provide adequate reasons, or provided reasons that were so unreasonable so as to constitute an error of law.

This document is for U.S. citizens only. It is not meant to be legal advice. If you want legal advise on your uniqe situation please call us and we will be happy to help you.

Please Note – If you are from a country other than the United States or Canada, or if you have more questions, please call us

What type of ID is required to enter Canada?

Valid identification and travel documents, such as a passport

While at the border, you may be asked to answer some questions. The customs officer wants to find out the nature of your visit, where you plan to go, and how long will you stay in the country.

The customs officer may ask you if:

You have relationships with family/friends that will take you home after your visit
You intend to leave Canada after your visit
You have a valid reason for visiting Canada
You have enough money to pay for your expenses while in Canada
Do you have past criminality

Why would I be denied entry into Canada?

Some people are not allowed to enter Canada because they have been:

Convicted of a crime
Involved in a human rights violations, or
Involved in organized crime

You may not be able to enter Canada if you:

Have been convicted of a crime in Canada
Have been convicted of a crime in another country
Have committed an act in another country that is a crime under Canadian law

Also, you can be denied for security, health or financial reasons.

What can I do if I have been denied entry to Canada because of a past criminal conviction?

The answer depends on the crime and how long it has been since that crime was committed. You may be able to re-enter by:

Being “deemed” rehabilitated
Applying for a determination of individual rehabilitation
Being granted a pardon or discharge
Receiving a temporary residence permit

1. Being Deemed Rehabilitated

You can be “deemed rehabilitated” if enough time has passed since your conviction, or since all conditions of your sentence have been met. The standard amount of time is 10 years. So if it has been 10 years or more since you committed a crime or completed a sentence for a crime, you may be able to enter Canada. This can be risky, since you won’t know if you can enter until you reach the border. The customs agent is the one who decides if you meet the requirements to enter Canada.

When making that decision the agent may consider:

The type of crime committed
Whether you have committed more than one crime
The stability of your life: if you are employed, if you have family commitments
Whether you are likely to commit another crime

Note: You can be “deemed rehabilitated” only if the maximum sentence for the crime is less than 10 years under the laws of Canada. If you were convicted of a crime that had a possible sentence of more than 10 years, you will need to get special permission to enter Canada.

2. Applying for a Determination of Individual Rehabilitation

“Individual Rehabilitation” is a process that allows you to get a formal decision. This gives you certainty about your ability to cross the border before you get there. You will need to submit a written application to the Canadian Government and pay a fee. You are eligible to apply if:

It has been at least five years since you committed the crime, and
It has been at least five years since you completed all requirements of your criminal sentence

3. Getting a Pardon or Discharge

Sometimes the state or country where you were convicted “pardons or discharges” your crime. Even so, you must check to see if Canada will accept the pardon. Contact the Canadian Citizenship and Immigration office (CIC) closest to you.

4. Obtaining a Temporary Resident Permit

If it has been less than 5 years since the end of your sentence and/or you have special circumstances, you may be able to get a “temporary resident permit.” This will allow you to enter or remain in Canada.