Criminal Rehabilitation versus Temporary Resident Permit - Immigration Blog about US & Canadian Immigration matters.

Phone: 416-477-2545  || E: info@TheVisa.ca || Book a ConsultationBook a Consultation

Immigration Blog about US & Canadian Immigration matters.

Immigration Blog about US & Canadian Immigration matters. If you would like to learn about US and Canadian immigration matters you have came to the right place to read blogs.

Entering Canada with a DUI

dui1

Drunk driving charges are processed under many names worldwide, but they all equally have the potential to make you criminally inadmissible to Canada. These charges include, but are not limited to Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Wet and Reckless (W&R) Reckless Driving, driving without Due Care and Attention. These charges can and will affect your chances of crossing the border into Canada. You do have hope if you’ve been charged though, read below for options of overcoming criminal inadmissibility because of your DUI.

Temporary Solution: Temporary Resident Permit

The Temporary Resident Permit (TRP) is a document that overcomes your inadmissibility and grants you entry to Canada but only for a limited time. The period of validity for a TRP is completely based upon the officer’s discretion. When the application is being reviewed, the officer considers whether your “need” to enter Canada outweighs any risk you might pose to Canada and Canadian Citizens. When looking to enter Canada with a DUI. The TRP is the fastest option, since for urgent travel you can apply at the port of entry.

The most important factors for an immigration officer in making the decision is the “risk vs. need”. The officer will investigate the following factors to make sure the threat you may pose on Canada is low and your need to enter Canada is justified.

  • The seriousness of the offence
  • Behaviours involved (alcohol, drugs)
  • Evidence that you are rehabilitated or reformed
  • Chances of successful settlement without committing any further offenses
  • Completion of all sentences, fines paid or restitution made
  • Eligibility for rehabilitation or pardon
  • Time since offense occurred
  • Pattern of criminal behavior

Permanent Solution- Criminal Rehabilitation

A criminal rehabilitation application would service as a permanent solution for overcoming your inadmissibility to Canada for a DUI. You may travel to Canada without the worry of your past criminal record on a permanent basis if your application is approved and you do not reoffend. Criminal Rehabilitation applications take approximately 12-18 months for a decision to be made, all depending on the nature and severity of your offence.

In order to adequately qualify for Criminal Rehabilitation, a period of at least 5 years must have passed since the completion of the sentence. The sentence includes, jail time, fines, probation, parole etc. Once all of these factors are complete, you are eligible to apply for Criminal Rehabilitation. The approval of your application is directly based on the officer’s discretion.  Officer’s want/need to make sure you do not pose any threat to Canada or Canadians, making them extremely vigilant.

Important Documents for Overcoming your Inadmissibility

 For both Criminal Rehabilitation applications and temporary resident permits that most important documents reviewed are criminal background checks. These must be provided for every country you have lived in for 6 months or more since the age of 18. For applications from the United States, you must submit FBI clearance certificate and criminal background checks for every state lived in and the state in which the offence occurred  (if different than residential state)

The applicant must also provide supporting documents relevant to the criminal record. These may include court documents that show sentence imposed, probation completed, fines paid, community service completed etc. You also need to supply a personal statement, letters of reference, employment letters. It is extremely important to show the officer that you have completed your sentenced but also demonstrate that you are fully reformed. The more information you can provide that shows this, the better your chances the immigration officer will approve your application.

Akrami and Associates

The Canadian government is very strict on Criminal Rehabilitation applications and Temporary Resident Permits. The need for strong supporting documents, and the difficulty in convincing the reviewing officer make these applications very difficult to pursue on your own. It is highly recommended to seek professional assistance in building a strong case. At Akrami and Associates, our legal representatives has assisted hundreds of clients overcome their inadmissibility. Feel free to contact us today for more information or to book a consultation. 416-477-2545  This email address is being protected from spambots. You need JavaScript enabled to view it.

With Akrami & Associates there is always a way!!

Continue reading
2
  363 Hits

Criminal Rehabilitation versus Temporary Resident Permit

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

Continue reading

Copyright

© Akrami & Associates

0
  2683 Hits