How to Apply for TRP to Overcome Inadmissibility | Criminal Rehabilitation

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  • TRP is short for Temporary Resident Permit

In order to overcome inadmissibility, you have the option of applying for a Temporary Resident Permit. This permit allows you to enter or stay in Canada if it has been less than 5 years since the end of your sentence or if you have valid reasons to be in Canada (in this situation you may be granted a TRP; however, an immigration officer at the border will have the final say whether your need to enter the country is greater than the health and safety risks of Canadian society).

Inadmissibility can range from minor criminal offences (e.g. shoplifting a candy bar) to major criminal offences (e.g. murder) to finding that one’s health condition will cause excessive demand on social services or a danger to public safety. You can be denied for any criminal act, as well, inadmissibility can also be based on a perceived security threat to Canada, misrepresentation, involvement in human rights violations abroad or organized crime, or a determination that adequate arrangements for financial support have not been made.

If you were under the age of 18 when the crime was committed, you might be allowed entry or stay in Canada. If you do fall within that category, depending on the crime, how much time has passed since, and your behaviour since then, you still have an option as to how you can overcome inadmissibility.

Overcoming inadmissibility includes:

  • convincing an immigration officer that you meet the legal requirements deemed rehabilitated
  • applied for rehabilitation and was approved
  • was granted a record suspension
  • already have a temporary resident permit

Two ways exist in showing rehabilitation:

Deemed Rehabilitation

  • Canada can no longer bar you from entering because so much time has passed since the conviction
  • this also depends on the crime that was committed
  • depends on the amount of time that has passed since the end of your sentence
  • depends if you have committed more than one crime
  • in all situations the crime committed outside of Canada must have a sentence less than 10 years if it was committed within Canada

Individual Rehabilitation

  • it is assumed that you are better and are not likely to commit any new crimes
  • in this case, you may apply for individual rehabilitation in order to enter Canada
    • you must show that you meet the criteria
    • that you have been rehabilitated
    • it must be shown that you are unlikely to commit or take part in future crimes
  • in addition to the above, it must be at least 5 years since the day you committed the act and the end of your criminal sentence

Overcoming inadmissibility is very difficult, and as there are a lot of situations that can be changed, there are also cases that cannot be changed. This guideline should have helped you determine whether or not your case has potential to overcome inadmissibility.

If you are looking at applying for a Temporary Resident Permit (TRP), call us today! At Akrami & Associates, there is Always a Way!