Criminal Rehabilitation versus Temporary Resident Permit - Immigration Law Firm

Bahar's Blog about Immigration to Canada & USA

Bahar's Blog about Immigration to Canada & USA
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Criminal Rehabilitation versus Temporary Resident Permit

Criminal Rehabilitation versus Temporary Resident Permit

Denied Entry to Canada for Criminal Record?

It is not easy to travelling to Canada with a past criminal record, you can be denied entry to Canada for criminal record that was over 40 years ago. If you have travel date in mind and not sure what steps you need to take to have successful entry into Canada then read our blog below. It will explain what steps you need to take to overcome your inadmissibility on temporary and permanent basis.

What is Criminal Rehabilitation?

Criminal Rehabilitation is a form of authorization to enter Canada issued for those who are not allowed to do so due to committing security or criminal offences outside of Canada which corresponds to serious offences in Canada and would bring about convictions if committed inside Canada. When a person applies for Criminal Rehabilitation he officially requests forgiveness for offences he committed in a foreign country. Once the application for Criminal Rehabilitation undergoes the process the result will be a permanent pardon; therefore, there would be no need to apply for TRP every time he/she wants to enter Canada and as long as the person does not re-offend

Who is Eligible to Apply for Criminal Rehabilitation?

If five years have elapsed since the completion of sentence, probation or fines, one would be eligible to apply for criminal rehabilitation.

For crimes that have been committed inside Canada the applicant can apply to the Parole Board of Canada for a Record of Suspension.

In case a that at least 10 years elapsed after completion of sentence for one conviction that is not serious in Canada the person is considered Deemed Rehabilitated and no need for him to apply. Even if you are considered deemed rehabilitated the immigration officer still has the right to refuse you entry. So it is recommended to either file for TRP or Criminal Rehabilitation application to have that permit on hand.

Deemed Rehabilitation

Deemed Rehabilitated depends upon factors like:

  • Seriousness of the offence

  • How much time has elapsed since completion of the sentence:

    • 10 years for one serious offence
    • five years for two or more less serious convictions
  • how many offences you got on record
  • if the crime would be punishable in Canada by a maximum prison term of less than 10 years

To avoid any risk of being turned away at the port of entry one needs to be assessed by the Canadian embassy, high commission, consulate or visa offices responsible for the person's area. To obtain assessment the person should apply for rehabilitation -- even if he knows that he is already eligible to apply but would like to find out about possible risks of entering to Canada.

Deemed Rehabilitation Assessment

The rehabilitation assessment application will be focused on:

  • Number of times the applicant committed crimes

  • the circumstances under which the crimes committed

  • behavior since being rehabilitated

  • explanation of the crime(s) and the reasons that it is not likely to be redone

  • any support received from the community

  • the applicant's present situation

  • If the assessment turns out to inform the applicant that he not deemed rehabilitated, he may apply for individual rehabilitation.

If the applicant lives in the U.S.he may travel to a Canadian Port of Entry and ask to be assessed. He must bring all the documents related to the criminal history in support of the claim of being rehabilitated; an immigration officer at the port of entry will review them to determine if the traveler can be deemed rehabilitated and allowed to enter Canada.

Assessment of deemed rehabilitation at a Port of Entry is a completely different process from applying for rehabilitation at a visa office.

Difference between TRP and Criminal Rehabilitation

Temporary Resident Permit (TRP) is temporary permission to enter Canada for those who have committed offences outside Canada that resemble serious crimes in Canada according to the Canadian Criminal Code, so they are not allowed to travel to Canada. While Criminal Rehabilitation helps you overcome your inadmissibility on permanent basis that is if you are eligible for the permanent solution. Usually, you are eligible for permanent solution if five years have elapsed –which depends on how many offences you got on record, what was imposed on you, what you served and completed for it etc. You may have to wait 10 years based on your circumstances. Should the person need to travel to Canada -- prior to the five-year required period -- for any emergency reasons such as a dying relative or attending an international conference or for treating an illness, he/she can apply for TRP; later he/she can apply for criminal rehabilitation if requirements are met.

How long is TRP or Criminal Rehabilitation Valid for?

TRP can be valid for maximum 3 years while Criminal Rehabilitation can be for life and remove the ban to enter Canada forever unless the person commits another offence inside or outside of Canada after being rehabilitated.

Processing Times for TRP and Criminal Rehabilitation

Applicants from visa-exempt-countries should submit their applications to Canadian Consulate. The US citizens can submit at New York or Los Angeles consulate offices; citizens of the UK or Germany may file at the Canadian Embassy.

The processing time depends on the case matter and application volume, though the regular processing time for TRPs would be approximately 8 to 12 months and Criminal Rehabilitation from 8 to 18 month for severe offences.

Some applicants may be eligible to apply for both at the same time. This means that the applicant could gain immediate, temporary entry to Canada with a TRP while the application for Criminal Rehabilitation is in process.

Supporting Documents Required for Criminal Rehabilitation Application

Aside from regular forms and IDs there are very important documents needed to be provided for Criminal Rehabilitation and TRP applications, these include:

  • Reference letters from employers, friends, and colleagues

  • Police clearance

  • State clearances

  • Court reports, proceedings and related documents

  • Passport size pictures

  • Personal statement- explaining what your offence was and what you have learned from your experience (remorse, regret and growth)

Denied Entry to Canada Contact Akrami & Associates

If you have been Denied Entry to Canada and like to overcome your criminal or health inadmissibility then contact Akrami & Associates at 416-477-2545. Our immigration experts have assisted clients in the following ways:

  • Assesse eligibility to file for rehabilitation and the positive outcome

  • Preparation of all government forms

  • Legal Research and consultation regarding the offence

  • Obtaining court documents (if requested)

  • Assistance in obtaining police reports (including Canadian fingerprints if applicable)

  • Collecting relevant supporting documents

  • Assistance with letters of support (guidance/drafting for consideration, etc.)

  • Equivalency report under the Canadian Criminal Code or the Controlled Drugs and Substances Act or any other relevant Act of Parliament

  • Interview preparation at the consulate (if required)

  • Interview preparation at the point-of-entry (mandatory)

  • Representation before CBSA/CIC and other government agencies on Client’s behalf on all official correspondences (by e-mail but may also occur over the phone or fax)

  • Unlimited (but reasonable) access to the firm practitioner throughout the adjudication of application and until safe entry into Canada

If you like to have the highest possible chance of success with your immigration matters then contact our office at 416-477-2545 for further details.

With Akrami & Associates there is always a way!!

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