In Canada, a temporary resident permit (“TRP”) is a confirmation in writing from the Canadian government (and more specifically, from Immigration, Refugees and Citizenship Canada) that a person is allowed to enter the country for a definite amount of time. Such a permit is necessary when a person would otherwise be considered inadmissible.
Though there are various reasons for which Canada Border Services Agency (“CBSA”) representatives could deny a person entry to Canada, we will focus on three in particular:
A person can be prevented from entering Canada if he or she is likely to be a danger to public health or safety; or is likely to cause a strain on health services or social services.
An officer can deny entry to people unable or unwilling to support themselves or anyone who is dependent on them.
Denying entry to an individual on grounds of criminality is a far more common occurrence than most might expect. The immigration laws in Canada are such that a large number of offenses, even if committed outside Canada, and regardless of whether one might consider them “serious” or not, can lead to inadmissibility. In the United States for example, some offenses, which can be classified as misdemeanors, can prevent a person from entering Canada. Common examples of such offenses would be alcohol-related driving offenses, such as:
Even the offense known as Driving While Ability Impaired (“DWAI”), which in the state of New York, is not even considered a misdemeanor, but rather a traffic infraction, can lead to inadmissibility. However, offenses do not have to involve both alcohol/drugs and driving to lead to inadmissibility. Offenses such as Reckless Driving, Theft, Fraud, and Assault are but a few of many other examples, which can render a person inadmissible for entry to Canada.
It should also be mentioned that the person does not need to be convicted for inadmissibility to apply. For example, being arrested and charged with a DUI, but not yet convicted, is nonetheless sufficient to prevent entry to Canada. Consequently, anyone thinking that they can still enter Canada on the basis that a charge is still pending in Court and has not yet resulted in a decision will usually be surprised to learn that this is not so.
For a person who is inadmissible, due to a past offense, such as a DUI, but who still possesses a legitimate and necessary reason to enter Canada, applying for a TRP could be a possible option. If the application is approved and a permit is granted, it would then allow the holder to enter Canada legally despite having a criminal record. The following is worth noting with respect to the processing of a TRP application:
Though there can be exceptions, generally speaking, once a TRP expires, the holder will once again become inadmissible to Canada. Once that occurs, he or she can apply for a new permit to once again be authorized to enter Canada. It should also be noted that a person can apply for an extension before a permit expires.
A more permanent option however, if the person is eligible, would be to apply for Criminal Rehabilitation. This application, if approved, permanently removes the inadmissibility and allows the applicant to travel to Canada without needing a TRP.
An application for a Temporary Resident Permit to enter Canada can be made by preparing the appropriate application form and presenting it either to the relevant Consulate/Embassy or to a Canadian point of entry. When the application is presented at a point of entry, an answer can be given by an officer directly to the applicant. However, whenever time allows, it is preferable to submit the application to the Consulate/Embassy and await their decision. It remains that this option will usually yield a decision faster than an application for Criminal Rehabilitation.
Should you have any specific questions, we invite you to contact us by phone or by email. Contacting JTM Immigration means dealing directly with one of our immigration lawyers, who can advise you on various solutions as part of a free consultation.
Call us at 1-844-326-8410.