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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.
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.
If your request for a temporary resident permit is approved at the border, you will be permitted to enter Canada for the specific period of time the immigration officer has permitted you to remain in Canada. You must respect the terms of your temporary resident permit. Though, the most important thing to be aware of is that you must leave the country before your temporary resident permit expires.
If your application is denied at the port of entry, you could apply for a TRP at the consulate, or, you could submit an application for criminal rehabilitation to the consulate. Both of these are often analyzed with a bit more leniency than if you apply for a TRP at the border. These applications do not require you to have as compelling of a travel need, because you are being very proactive in ensuring you will be able to travel to Canada again. The focus of these applications shifts slightly to determining the risk an individual poses to Canadians, and whether they should be permitted to do so, without having an incredibly compelling reason to enter Canada. The difference is that at the port of entry, border officers have to question why you could not prepare to deal with your inadmissibility well in advance of your trip, and chose to apply at the port of entry. The purpose of a port of entry application is not to make it easy for individuals to avoid the long processing times experienced at the consulate, but to provide an emergency solution, in true emergency situations. Therefore, you can expect to be scrutinized in more detail at the port of entry, and will experience less leniency than applications that are submitted at the consulate.
Akrami and Associates has dealt with many difficult applications for a temporary resident permits, both at the border and at the consulate, as well as applications for criminal rehabilitation. Applying for a TRP is a complex task and is never guaranteed, no matter how strong your reasons are for visiting Canada. Issuing a TRP is completely at the discretion of the immigration officer processing your application. Therefore, it is incredibly important to be well prepared, even over-prepared, for your attempt to apply for a TRP at the port of entry. Akrami and Associates can do this by helping you prepare an application to bring with you to the port of entry or to the consulate before you head to the border. If you have further questions regarding your temporary resident permit application, please feel free to contact Akrami and Associates at 416-477-2545.
With Akrami and Associates, there is always a way!