Immigration Blog about US & Canadian Immigration matters.

A Temporary Resident Visa is a document that is issued by the Canadian visa office which is placed in your passport to show that you have met the standards that are required for admission to Canada, as a temporary resident. You can apply as a visitor, a student or a worker, when applying for Temporary Resident Visa.

How do I know if I am eligible for a Temporary Resident Visa?

In order for you to be eligible for a Temporary Resident Visa, you must prove to the immigration officers that you do not possessed any safety risk or have any serious health issues that will affect the Canadian society. If the reason that you are inadmissible to Canada may seem like its minor, you have good reasons to why you must travel to Canada, emergency reasons may be acceptable.

Temporary Resident Permit (TRP)

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.

How to Build a Strong TRP Application

Purpose of Travel

Do You Want to Immigrate to Canada in 2019

As you may know, Canada’s education and living conditions attract many foreign nationals to visit, study, and work. Furthermore, the multiculturalism in Canada is one of the essential reasons that drives one's longing to move. After they have experienced the beauty of Canada, they may consider settling down permanently in Canada. While numerous individuals are contemplating moving to Canada, they may be thinking about looking for assistance from an immigration representative to make the immigration process more smoothly. Indeed, here comes the most significant inquiry: is hiring a representative necessary? In this blog, we will discuss the benefits of hiring an immigration representative and how to avoid immigration fraud.

Who are Immigration Representatives

Immigration may be difficult and complicated, especially if you are not family with Canadian immigration law. If you are struggling with your application, you may be able to seek guidance from a representative. An Immigration and citizenship representative’s job duties include but are not limited to:

Are You Inadmissible to Canada?

If you have criminal records, you will likely be denied entry into Canada at the Canadian border. To avoid facing these issues you could apply for a temporary resident permit (TRP) or, even apply for Criminal Rehabilitation (CR). Both of these applications take time, though, you may be able to overcome inadmissibility in person at the border if you are an American citizen. The application processing is slightly stricter at the border, because individuals must demonstrate their need to enter Canada outweighs their risks they possess to Canada and Canadians. Though, if you can put forth compelling reasons why you should be allowed to enter Canada for a temporary period of time, then you may be granted a temporary resident permit at the port of entry. In an ideal situation, a Temporary Resident Permit application would be submitted well in advance of attempting to enter Canada, to allow a consulate to render a decision. However, processing times at the consulate are often longer, and often a decision will not be made in time for your travel. When you have an urgent travel date, you should apply for a temporary resident permit at a port of entry.

How to Apply for a Temporary Resident Permit at a Port of Entry

It is the case for many individuals that they realize they are criminally inadmissible to Canada, only a short time before they had intended to try to travel to Canada. This is an incredibly nerve wracking thing to become aware of, because it almost certainly means you will have an issue fulfilling your travel plans, as you will not be allowed to enter Canada. What makes this worse than simply being inadmissible to Canada, is that there is not enough time to apply for criminal rehabilitation, or apply for a temporary resident permit at the consulate level, both of which help communicate to immigration officers that you are serious about overcoming your status as inadmissible to Canada. Though, there is still a solution for individuals in this circumstance. You can apply for a temporary resident permit at a port of entry, as you try to enter Canada, rather than at the consulate. If you apply for a TRP at the border instead of the consulate, you will receive a decision the same day, rather than wait the typical 8-12 month processing times. If you have an urgent travel date coming up, and need to overcome your status as criminally inadmissible, keep reading this blog to learn how to apply for a TRP at a port of entry.

Apply for a Visitor’s Visa

Are you considering a trip to Canada temporarily? Do you come from a non-visa exempt country? Every year over 35 million people travel to Canada. Sometimes, people come to visit relatives, or, to attend a business trip, or, maybe even for simply tourism. If you do not come from a visa-exempt country and are trying to visit Canada, you must apply for a temporary resident visa, to be permitted to enter the country. All applicants must ensure they apply for all the necessary documents before attempting to travel to Canada, to avoid being denied entry at the border. If you come from a visa-exempt country, you have less to worry about than anyone else. Or, for example if you have a criminal history, you must address your inadmissibility before being able to enter Canada. If you are thinking about travelling to Canada in the near future, continue reading this article to find information that could be beneficial for you. Let us help you in applying for the right visa today!

What is a Visitor’s Visa?

A visitor visa, otherwise known as a temporary resident visa, is a document which allows individuals who are from non-visa exempt countries to enter Canada. If you are from a visa-exempt country, you do not require a visitor visa; rather, you simply require an eTA, otherwise known as an Electronic Travel Authorization. In order to apply for a visitor’s visa, you must only be requesting to enter the country on a temporary basis. To apply for a visitor visa successfully, you must be able to prove to an immigration officer that you will leave after the period of time your visa is valid for, is up.

How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

What is a visitor’s Visa?

Are you considering a trip to Canada in the future? Are you wondering what you might need to prepare for the big day to make sure you’re not denied entry at the border? This can be a very stressful process, we know. There are a lot of things to consider to be sure you have all the right documents when you arrive at the border, and this means preparing well in advance. Many citizens who seek entry into Canada come from a non-visa exempt country, which means they’ll need to apply for a visitor’s visa, also known as a temporary resident visa, before they will be permitted to enter Canada. Knowing you need a visitor’s visa is the first step towards success, though, the process of applying for a visa can very nerve-wracking. Because you need to have a valid visitor’s visa before you arrive at the border, you will need to start preparing well in advance to ensure your application is processed and approved on time for your preferred travel date. Therefore, this article will aim to help you understand the process of applying for a visitor’s visa, and explain what a visitor’s visa can allow you to do during your stay in Canada.

Who Needs A Visitor’s Visa?

If you are travelling from a non-visa exempt country, you will need to apply for a visitor’s visa before you arrive at the Canadian border. It is important to understand you cannot apply for a visitor’s visa at the border; you must be able to show an approved visitor’s visa to Canadian immigration officers when you arrive at the border. If you are travelling from a visa-exempt country, you do not need a visitor’s visa to be permitted to enter Canada. Though, it is usually the case that individuals from visa-exempt countries, still require an approved electronic travel authorization (eTA) to be permitted to enter the country.

What Is Criminal Inadmissibility?

Have you ever been convicted of a crime? Are you thinking about travelling to Canada? First, you may want to go over your situation to determine whether or not you are considered “criminally inadmissible.” Criminally inadmissible is a term used to describe any individual who has been convicted of an offence which would be considered a crime under the Canadian Criminal Code. In other words, if you would have been charged with a crime for doing the same things you did in your country of origin, while in Canada, you are criminally inadmissible to travel to Canada. There are a variety of reasons you may be considered criminally inadmissible. This includes anything considered an offence in the Canadian Criminal Code, such as being convicted of driving under the influence and dangerous driving, all the way to assault and manslaughter. If this sounds like the situation facing you, you’ll definitely want to carefully consider how your criminal record or any offences you have committed, will affect your admissibility to Canada.

Who Is Considered Criminally Inadmissible To Enter Canada?

As mentioned, anyone who would have been convicted of a criminal offence under the Criminal Code of Canada is criminally inadmissible to enter Canada. It is important to understand that you do not have to have a criminal record in your home country, to be considered criminally inadmissible to Canada. Even though it is usually the case that those who would have a criminal record in Canada also have a record in their country of origin, this is not always the case. One example could be if you are pardoned by the courts in your country of origin, and you effectively have no criminal record. Even if this is the case, if the Canadian courts would not have pardoned your actions, then Canadian border officials will still treat you as if you have a criminal record and you will be criminally inadmissible to enter Canada. A much more common example occurs with citizens of the United States. In the USA, driving under the influence (DUI) is not always pursued as a serious offence. At the same time, driving under the influence is not taken lightly by Canadian courts at all. This is an example of a case in which you may be led to believe your offense is minor and you should be able to enter Canada as a deemed rehabilitated citizen after a 5 year period, rather than a 10 year period. Though, under the Canadian Criminal Code, the offense may not be considered minor, and you may be treated as if you committed a serious offence. The important thing to understand is that your criminal record in your country of origin is not directly transferrable to Canada. Your criminal record from your country of origin is essentially translated to reflect what your record would look like in Canada.

Hybrid Offences & How to Gain Entry into Canada

In order to successfully gain entry into Canada, you must not have any inadmissibility. Inadmissibility comes in many different forms; however, the most common reason is criminal inadmissibility. For individuals with hybrid offences, they may be able to gain entry into Canada or they may be denied entry into Canada. To avoid being denied entry into Canada, there are viable options for these individuals to overcome their criminal inadmissibility. Therefore, in this article, I will address what a hybrid offence is, what options are available to individuals with hybrid offences, and much more.

What are Hybrid Offences

First and foremost, it is important to recognize and thoroughly understand what hybrid offences are to better know what options are available to you to become admissible. Thus, when an individual is charged with offence, the Crown counsel will be the one to decide what offence you are ultimately charged with. The punishment that an individual will receive will depend on the type of offence they are charged with. For instance, depending on the offence, they can either receive a minimum or maximum penalty. Specifically, hybrid offences are unique compared to summary and indictable offences as hybrid offences are in between the two. Below, I will explain each offence in detail for you to better understand. 

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

Denied Entry at Canadian Port of Entry

When travelling to Canada the immigration officer at the port entry has the right to refuse you entry based on the following grounds: past criminal convictions, health or financial problems, and security reasons. The immigration officer can simply deny you entry for a minor offence that was dated back over 30 years ago. These immigration officers are super cautious of who they will allow entry into Canada to ensure the safety of Canadian citizens.

So if you have major offence on record don’t even bother attempting at the port of entry without going in prepared or consulting with an immigration expert. For example, if you have a past assault or DUI charge and you have taken care of your inadmissibility in your country of citizenship but not in Canada then you will be refused entry as you have to take care of it on the Canadian side as well. Depending what is on your record, what you served for it and how long ago it was determines what type of application you need to apply for.

Denied Entry to Canada for Inadmissibility

Crossing the Canadian border when you have criminal convictions on your record could seem like an overwhelming process. The long queues and tiring paperwork required beforehand can make it a challenge for any traveller, especially if you are a parent wanting to see your children and other relatives after a long time; hectic amounts of paperwork and the time required for processing is not always an option. So if you are individual that has inadmissibility issue to Canada such as a DUI, Misdemeanour, Felony, Theft charge, Misrepresentation you may either qualify for the Temporary Resident Permit (TRP) or Criminal Rehabilitation.

Difference between a Temporary Resident Permit and Criminal Rehabilitation

Individuals who were convicted of a criminal offence outside Canada are required to obtain a Temporary Resident Permit to allow them to enter the country. The TRP is valid for an authorized time as directed by an immigration officer, however, should you wish to leave the country within the allotted time of your Temporary Resident Permit, you will be required to obtain beforehand approval. If you do not gain this approval, then your TRP will expire and you will have to start the process all over again. To solve the problem, Immigration Refugees and Citizenship Canada offers a Criminal Rehabilitation program to allow individuals with inadmissibility issues (such as those who are required to have a TRP to enter the country) to overcome their inadmissibility given the nature of their offence and if sufficient time has passed since the day of offence and conviction.

Temporary Resident Visa vs. Temporary Resident Permit

Canada has over 35 million temporary residents enter Canada each year; and unless you are from a visa-exempt country such as the United States, you will need to apply for and be granted a Temporary Resident Visa (TRV) whether it be for tourism, study, or work.

Although Temporary Resident Visa and Temporary Resident Permit sound like they are the same thing, they are in fact very different! Applying for the wrong document could delay your entry to Canada, therefore its important to know which one is right for you.

1. Requirements

The application criteria:

• A foreign national who is inadmissible or does not meet the requirements of the IRPA, may be eligible for a TRP if an officer believes the admission is justified in the circumstances.

A TRP is essentially a special permission given to a person who would otherwise be inadmissible to enter Canada. Although, in most cases it is recommended that people should apply for TRP in advance and get permission before hand. There are cases where people do not have the time to apply in advance as the trip may be sudden or due to an emergency. In this case you may be able to apply for a TRP at the border itself.

Your need to enter Canada should be compelling enough to overcome the risk (if any) you may pose to Canadian society.

A TRP is essentially a special permission given to a person who would otherwise be inadmissible to enter Canada. Although, in most cases it is recommended that people should apply for TRP in advance and get permission before hand. There are cases where people do not have the time to apply in advance as the trip may be sudden or due to an emergency. In this case you may be able to apply for a TRP at the border itself.

Your need to enter Canada should be compelling enough to overcome the risk (if any) you may pose to Canadian society.

The Canadian government does not treat applicants with representatives or without representatives differently. Although, in many cases it is beneficial to get legal help as applications can be overwhelming.

To get temporary residence, you would have to apply for a Temporary Resident Visa, unless you are from a visa exempt country. There are several required applications for the Temporary Resident Visa that need to be supported with the required documents. More than the application itself, there are certain things you are required to prove to get entry to Canada.

The Canada Border Service Agency (CBSA) is the agency in charge of border enforcement. The CBSA has established strict rules and requirements, to maintain the safety and security of Canadians.

Presenting the correct documents to establish your identity is extremely important at the border. Not presenting the proper documents may lead to a secondary screening at the border. There are different requirements for Americans crossing the Canadian border and for the Canadians returning to Canada. Border Service Officer (BOS) may ask for the following documents if you are an American citizen:

For many people entering Canada from United States, it is a revelation for them when they find out that their Driving Under the Influence (DUI) conviction may bar them from entering Canada. For most Americans, a DUI offence may seem minor, it may have occurred so far back in your past that you forgot it even happened, or you never thought it would affect your admissibility into Canada.

If this is your situation, there are a couple of options available to you. You may either apply for a Temporary Resident Permit (TRP) at a Canadian Consulate located in your country or region, or you can make an application to apply at a Canadian Port of Entry.