How can I Overcome my Criminal Inadmissibility
Denied Entry to Canada for a Criminal RecordOne can be excluded from entering Canada due to criminal conviction. If you are inadmissible to Canada because you have a criminal record, you may still be able to enter Canada legally by obtaining proper authorization from Immigration, Refugees and Citizenship Canada (IRCC). There are three ways which allow you to enter and overcoming criminal inadmissibility to Canada. But for the purpose of this blog we will only focus on Temporary Resident Permit.
Rehabilitation:If you have past criminal record and like to travel to Canada you may be considered rehabilitated by the government of Canada depending on what your offence was, how many offences you got on record, how long ago it was etc. To determine if you are rehabilitated or not one would have to apply for Criminal Rehabilitation, once approved you can travel with ease as long you don’t re-offend. You may be considered Deemed Rehabilitated after a certain period of time, but again it depends on your situation. It is recommended to apply for Criminal Rehabilitation as you may still potentially be denied entry at the immigration border.
Temporary Resident PermitA TRP is a document issued to individuals who are otherwise inadmissible to Canada. TRP allows you entry into Canada only for temporary basis which can range from 1 day or maximum of 3 years.
Legal Opinion LetterA legal opinion letter, written by an attorney, can help an individual gain entry to Canada.
Who needs Temporary Resident Permit (TRP)Applying for TRP is the easy way to get entry into Canada for a particular serious trip for a fixed time period. TRP allows you to enter and leave Canada multiple times within that time frame granted. TRP is a permit that may be granted in exceptional circumstances to a person who does not meet the eligibility and/or the admissibility requirements to enter or remain temporarily in Canada despite a criminal conviction. Formerly it was known as “minister’s permit”. In a case of inadmissibility because of criminality, for instance: the applicant should not apply for a TRP without first determining whether he has been deemed rehabilitated or pardoned and has therefore become admissible. TRP may be needed in the following situations:
Minor crimes:If a foreign national wishes to come to Canada as a visitor but is inadmissible on the grounds of criminality, a TRP may nonetheless be issued if the following are true: the offence was minor (that is, didn’t involve drugs, physical violence, or damage to property); there are no more than two convictions; there is no pattern of criminal behaviour; the individual has completed all sentences; and there is lot of chances the person will settle in Canada without committing any further offences. Moreover, even if the offence was minor and all the other conditions applied, the foreign national will need to demonstrate a compelling need for admission to Canada – for instance: to attend a serious meeting.
Victims of human trafficking:In 2013, immigration officers issued 14 TRPs to victims of human trafficking.
TRP ValidityUnder section 24(1) of the IRPA, a foreign national who is inadmissible or who doesn’t meet the requirements of the IRPA may be eligible for a TRP if in officer’s opinion that admission is justified in the circumstances. It depends on Officer whether he grants the TRP or not. As mentioned above, The TRP may be cancelled anytime but it’s important to note that it remains valid until anyone of the following events occurs (IRPR, s. 63):
- Permission is cancelled under section 24(1) of the IRPA;
- Permit holder leaves Canada without obtaining prior authorization to re-enter Canada;
- Period of validity specified on the permit expires; or
- Period of three years elapses from the permit’s date of validity.
Where I can file TRP application?TRPs are issued at both Canadian ports of entry and CIC inland offices, whereas temporary residence extensions are only issued inland. A foreign national who wish to apply for a TRP is best of doing so at the Visa Office. The visa office will assess the application and refuse or approve it. A foreign national coming from outside Canada may apply for TRP at the port of entry upon arrival rather than at the visa office, and the officer at the port of entry may agree to consider this type of application, but port of entry applications are generally not advisable; an officer always reserves the right to refuse entry may require the person to leave immediately. Although processing times at a visa office can take several months, this route is safest. If the officer issues the TRP, the time duration of the permit will be considered on the basis of the facts and circumstances presented by the applicant.
TRP DocumentsTo apply for a TRP, you must submit your application with all the required documents and the non-refundable application fee to a Canadian consulate. Your application must have:
- a copy of all court documents describing all of your charges, convictions, and sentences;
- a copy of the law you were convicted under;
- police clearance certificates;
- letters of reference including a letter from your employer; and
- a personal statement from you
TRP Processing TimesAlthough it may take several months for your TRP application to be processed – depending on the consulate where you submit your application – it will be expedited in appropriate circumstances requiring urgency. A single entry TRP expires once the individual enters Canada (although they can remain in Canada until the date set out in the TRP), whereas a multiple-entry TRP allows the holder to enter multiple times before the expiry date. Once you receive a TRP you may apply to enter Canada temporarily.
Can I Cancel TRP Application?A TRP can be cancelled by IRCC at any time if the person’s circumstances change, and the officer believes that the individual has failed to comply with the immigration regulation, just as committing another crime. Cancellation of the TRP, in almost all cases, will require that the person leave Canada as of the date specified by IRCC.
Contact Akrami & AssociatesTRP’s provides a flexibility to confront exceptional circumstances and sole decision on the application is made by the immigration officer at the port of entry or consulate. TRP can be issued from one day to a maximum of three years based on your circumstance. About more than 10,000 TRP’s are granted every year. In considering whether to grant a TRP or Criminal Rehabilitation, IRCC Officers will evaluate factors, like: the seriousness of the offence, behavioural factors, proof that the person has reformed, whether there is a pattern of criminal behaviour, and whether there are any outstanding criminal charges. To have best chances at the Port of Entry or Consulate it is recommended to hire someone with experience such as Akrami & Associates. These applications are not easy and the immigration officer looks for ample supporting documents to allow you entry into Canada. Contact us today at 416-477-2545 for more information. Remember with Akrami & Associates there is always a way!!
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