TEMPORARY RESIDENT PERMIT

Travelling to Canada with an Inadmissibility

There are many reasons for being inadmissible to enter Canada, such as:

  • Criminal record
  • Misrepresentation
  • Inadmissible Family Member
  • Medical Inadmissibility

No matter the reason, the burden remains the same: your reason to enter Canada must outweigh the risk you may pose to Canadians.

Travelling to Canada with a Criminal Record

Are you planning to travel to Canada but have a criminal record? Technically, this means you are criminally inadmissible to enter Canada. However, depending on the severity of your criminal past and the purpose of your travel, you may be eligible to bypass your inadmissibility with a Temporary Resident Permit (TRP).

A TRP will lift your criminal inadmissibility for a limited period (up to 3 years) and allow you entry into Canada. It is important to note that this is not a permanent solution. Once your TRP expires, you will once again be deemed inadmissible and would need to reapply for a TRP or opt for the permanent solution via Criminal Rehabilitation. You are only eligible for Criminal Rehabilitation if it has been 5 years since the completion of your offence.

Common Criminal Offences which require a TRP to enter Canada:

  • DUI
  • Assault
  • Theft
  • Fraud
  • Drug Crimes

TIP: Traffic offences are generally outside the scope of criminal inadmissibility. However, it is important to compare your traffic offence to the Canadian equivalent to ensure it is not labeled a criminal offence in Canada.

How to Build a Strong TRP Application

Purpose of Travel

To ensure you have the highest chances of success, you must have a valid and compelling reason to enter Canada.

These reasons can include travelling for business, visiting a sick family member, or attending an important family event. The immigration officer reviewing your TRP application will assess your reason(s) on a need vs. risk basis. Simply put, your reason to enter Canada must outweigh the risk you may pose to Canada. Whether you are a business traveler entering Canada to visit a client, or a leisure traveler entering Canada for tourism, you must provide documentation demonstrating your purpose of travel.

Remorse

Along with a valid and compelling reason, it is equally important that you demonstrate remorse for your previous offence(s) and highlight the positive changes you have implemented into your life.

Even if your offence(s) are minor in nature, you cannot casually dismiss them. Canada takes all criminal offences very seriously.

Ties to Home

You must prove to the immigration officer that if you are granted entry into Canada for a temporary period, you will leave Canada and return home once your TRP expires.

How can you show this? By demonstrating ties to your current country of residence and/or country of citizenship. In other words, you must show that you have responsibilities back home which requires you to be physically present.

Examples of ties to home include:

  • Employment
  • School
  • Family (i.e. spouse, children)
  • Assets (i.e. real estate, business, other investments)

Everyone has their own unique circumstances and immigration officers are aware of the diverse backgrounds and cultures. If you are young and/or cannot show strong ties, then immigration officers will assess your intentions and family situation.

Submitting your TRP Application

There are two (2) ways to submit your TRP application. You can submit your application to the Canadian Consulate, or directly at any Port of Entry.

Canadian Consulate

It is important verify the appropriate visa office to submit your TRP application. Each country has their own specific visa office which processes TRP applications.

Processing times at the Canadian Consulate range between 4 to 12 months.
Submitting your application to the Canadian Consulate requires that you submit a complete application, which the required original documents. Failure to do so may result in a returned application or a refusal.

Port of Entry

Do you have an upcoming business meeting or family commitments and cannot afford to wait for the 4 to 12-month processing time? Then submitting your application at the Port of Entry is a great option since the application can be granted on the spot. Another advantage is that you do not need to provide all required documents. If you have an urgent travel date and do not have time to gather all the requisite documents, you may still submit your application at the port of entry. It is always recommended to obtain as many supporting documents as possible to provide you the highest chances of success.

If you decide to obtain a TRP at the Port of Entry, you must show the officer that you have an urgent and compelling reason to enter Canada and that you cannot afford to wait 4 to 12 months for the Canadian Consulate to render a decision. Immigration officers at the port of entry will generally only issue you a TRP for a short duration (i.e. 3 days) to allow you to attend your urgent matter inside Canada.

You must prepare your application package in advance and be ready to present it to the immigration officer at the port of entry. The immigration officer will review your TRP application and render a decision at the port of entry.

Tips for Increasing TRP Success Rate at the Port of Entry

At the end of the day, the decision to issue you a TRP at the Port of Entry rests with the officer reviewing your application. Officers have full discretion. However, there are things you can do to ensure you have the best possible chances of success:

Submit your TRP Application to the Canadian Consulate before going to Port of Entry.

Request to Speak to Supervisor

If the officer at the Port of Entry is giving you a hard time, it is important to always remain civil and respectful. If the officer does not entertain your urgent request to enter Canada, whether it be to accept a conditional job offer in the USA or to attend an important family event, you have the right to speak to a supervisor.

Once you assert your right to speak to a supervisor, he/she will review your application and render a same day decision.

Once your TRP Application to the Consulate has been submitted and you received your application number, the officers at the Port of Entry will see in their system that you have applied to the Canadian Consulate.

This will be viewed in your favor, as the officer will see that you are taking this seriously and have gone through all the necessary steps.

Understand your Criminal History

Officer will likely ask you why you are inadmissible to enter Canada. It is important to familiarize yourself with the nature of your criminal history, specifically the charge(s), sentence, and whether you have completed all aspects of your sentence.

Failure to recognize the specifics of your inadmissibility and the seriousness of your offense(s) will show the officer that you have not demonstrated remorse and could likely lead to a refusal.

How We Can Help

Applying for a Temporary Resident Permit can be a time-consuming and confusing process due to all the requirements, fees, and steps to be taken. It is not just about obtaining the required documentation and submitting your application. To ensure you have the highest chances of success, you must go above and beyond what is simply required. At EXITUS IMMIGRATION SERVICES , our representatives are highly trained and experienced with TRP applications. We can thoroughly guide you through the process to ensure the best possible chances of success. Whether you have an urgent business meeting, have a family event, or looking to vacation in Canada, we have handled TRP Applications from all walks of life and with a high success rate.

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