Denied Entry to Canada

The Difference between Temporary Residence Permit (TRP) and Criminal Rehabilitation (CR)

How Do I Deal with Denied Entry to Canada

In order to protect Canada and Canadian citizens, the country will pay extra attention to travelers who possess criminal history. The strict rules set by the government can be very complicated and overwhelming for someone who has a criminal record and wants to enter Canada. In other words, you may be denied entry if you are considered “inadmissible” to Canada. How can you overcome inadmissibility to enter Canada? The solution is that, you will have to obtain either a Temporary Resident Permit, or overcome criminal inadmissibility through Criminal Rehabilitation.

What is Criminal Rehabilitation (CR)

Temporary Resident Permit and Criminal Rehabilitation are very different application processes, with different eligibility requirements and processing times. Criminal Rehabilitation is the process of your criminal background being permanently suspended for the purpose of entering Canada. In other words, it is a permanent solution, and it means your entry to Canada will never be refused based on your criminal record. There are 2 types of Criminal Rehabilitation, each with a different set of qualifications: Deemed criminally rehabilitated and Individual rehabilitation
  1. Deemed Criminally rehabilitated
If you have committed a crime outside of Canada (the crime would have a maximum punishable sentence of 10 years or LESS in Canada), and it has been 10 years or less since the completion of your sentence, you qualify to be “deemed criminally rehabilitated”.  It is important to note that, in order to be eligible for ‘deemed rehabilitated’ status, you cannot have reoffended, or committed or been convicted of any other indictable offence. If you have committed a crime outside of Canada, and the crime would have a maximum punishable sentence of 10 years or MORE in Canada, you DO NOT qualify to be “deemed criminally rehabilitated”. If you have been convicted for 2 or more crimes outside of Canada (those crimes would constitute summary conviction in Canada), and it has been at least 5 years since the completion of your sentences/ the issue date of your sentence, then you are considered “deemed rehabilitated” How to calculate the 10-year waiting period for Criminal Rehabilitation:
  • Sentence: count 10 years after the date the sentence was complete
  • Imprisonment & Parole: count 10 years after the completion of the parole
  • Sentence & probation: count 10 years after the completion of the probationary period
  1. Individual Rehabilitation
If you have committed, or been convicted of a crime outside Canada( the crime would be punishable by either sentences of 10 years or less, as well as 10 years or more), and  it has been 5 years after the completion of your sentence or commission, then you are eligible to apply for individual rehabilitation. If your crime would be punishable in Canada with a maximum sentence of 10 years or less, and it has been at least 5 years (not 10 years yet) since the completion of your sentence or your commission, applying for individual rehabilitation is the only way to be admissible to Canada. Similarly, if you have committed or been convicted of a crime that qualifies under Canadian sentencing of 10 or more years, applying for individual rehabilitation is the only way to be admissible to Canada. In both cases, it must be at least 5 years after the completion of your sentence or commission in order to be eligible to apply for Individual Rehabilitation. How to calculate the 5-year waiting period for Individual Rehabilitation:
  • Sentence: count 5 years after the date the sentence was complete
  • Imprisonment & Parole: count 5 years after the completion of the parole
  • Sentence & probation: count 5 years after the completion of the probation is complete

What is Temporary Residence Permit (TRP)

If you do not qualify for criminal rehabilitation, but you are urgent to travel to Canada, you may have to apply for a temporary residence permit. The Temporary Resident Permit, a travel document, will allow you to travel to and enter Canada regardless of your inadmissibility.   The length of these permits is completely at the discretion of the Officer making a decision on your matter. When an Officer reviews your application, they will consider “need vs. risk.” This means that they will consider whether or not your need to enter Canada outweighs the risk you might pose to Canada and Canadian Citizens and Permanent Residents. In your application, you will need to strongly demonstrate: Remorse for your previous offense(s); Your considerably changed moral character; Your purpose or reason for seeking entry into Canada; and That you would be considered a low risk traveller.

Contact Akrami and Associates

The rules set by the Canadian government are very strict when it comes to inadmissibility. Having to understand the mandatory waiting period and having to prepare all the required documents can very confusing and exhausting. This is where professional help comes in handy. Have a consultation regarding the best strategy regarding your entry to Canada with Akrami and Associates! We have helped many clients with many difficult situations regarding inadmissibility. With our experienced immigration professionals, you will not only have all of your questions answered, but also have professional assistance to apply for your temporary residence permit and/or criminal rehabilitation. With Akrami & Associates, there is always a way!

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