For those who wish to enter Canada, having inadmissibility can seriously impede you from entering the country. Those in this circumstance who wish to pursue entry will require what is called a Temporary Resident Permit. A Temporary Resident Permit is a travel document that overcomes your inadmissibility, granting you entry into Canada for a prefixed amount of time.
Reasons for Denied Entry
A person can be denied entry to Canada for a variety of different reasons. Among these reasons an Immigration Officer might consider the following when denying you entry:
Security reasons
Human or international rights violations
Committing a serious crime that might be punishable by a maximum prison term of at least 10 years in Canada
Having been convicted of a crime, including driving while under the influence of drugs or alcohol
Membership in an organization that these parts and organize criminal activity
Health grounds
Financial reasons
Misrepresentation
Not complying with other rules and regulations
Having in inadmissible family member
Temporary Resident Permit Assessment
Each matter of inadmissibility is unique and is assessed as such. Depending on your specific matter the documentation you will be required to obtain many different from another Temporary Resident Permit Application. For this reason, the first step is determining your reason for inadmissibility.
This type of application is individual only; you cannot include anyone else on this type of application. If you have family members who also have criminality, they must submit their own application separate of yours.
Travelling With Criminality
People wishing to enter Canada with a previous criminality are required to obtain a Temporary Resident Permit. This permit is a special travel document that allows someone with the criminality to enter Canada for a limited period of time. The period of time that they are able to enter Canada is entirely up to the Border Official making a decision on the matter. You can apply for this through the consulate and at a Port of Entry.
Regardless of how you apply, a Border Official does not have to allow you entry to Canada. When they assess application at the border, Officials consider the need versus risk. This means they consider the reason why you are entering Canada against the risk you may pose to the general Canadian populace.
Denied Entry from the USA
It is a common misconception that an individual in possession of a US passport can travel to Canada without incidence or concern. The increase in information sharing between Canada and the US has resulted in a greater number of individuals being denied entry to Canada from the US due to past convictions and criminal records.
The North American Free Trade Agreement did bring our countries together in the sense that US Citizens do not require prior authorization to enter Canada but this does not mean they cannot be denied entry.
Individuals may be denied or refused entry to Canada from the US for many issues including security concerns, human and international rights violations, criminality, organized crime, health and financial reasons. Foreign nationals considered inadmissible to Canada are precluded from entering.
What You will Need
Many people attempt to cross the border to Canada on a daily basis. Some people, when crossing, are not even aware that they are considered criminally inadmissible. It is only after a startling and sometimes embarrassing situation at the border, when dealing with a border official, that they become painfully aware of their status. For those of you have been denied entry to Canada because of a previous criminality, a Temporary Resident Permit may be just the answer you are looking for.
How We Can Help
When attempting at a Port of Entry, you are asking for the Officer to make a decision on the spot based on the documents that are readily available to them. This is why travelling with the right documentation is key.
Akrami & Associates can help you prepare for what to expect if you have been refused entry to Canada and can help you achieve your goals by making sure that you travel with a customized application package that you can present to a Border Official.
We will assist you:
Draft the necessary forms;
Draft appropriate supporting documentation demonstrating your need to enter Canada;
Demonstrate that you are a low risk traveler;
Translate your previous offense(s) into the appropriate Canada law while making the necessary arguments to strengthen your case;
Compile the strongest possible case as per your unique situation;
Prepare you for your for any interview should one be requested;
Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
Of course, be with you every step of the way.
For more information on Temporary Resident Permits, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.
There is often confusion between extending your stay as a temporary resident, whether you are in Canada as a visitor, for work, or for school, and restoring your status as a temporary resident.
If your visa has not expired, then thirty days before it does expire, you may apply to extend your temporary resident status. However, if your status has expired, within ninety days, you may make an application for
restoration of your status.
Some requirements that must be met in order to be eligible to restore your status include;
Applying within ninety days of having lost your status
o This includes implied status
This means that if you applied for an extension of your status and your visa or permit expired at this time, you are still considered to be under implied status
Continuing to meet the initial requirements of your stay
Meeting the requirements of the class you are currently applying to be restored as temporary resident
Not failing to comply with other conditions
o You will only be eligible if you lost your status for the following reasons,
You stayed beyond the authorized amount of time
You changed employers, location or work, or type of work without authorization to do so
You changed education institutions, location of study, or type of studies without the authorization to do so
Not failing to comply with any other conditions aside from those mentioned above
It is important to note that, unlike many other applications, while you are waiting to have your status restored, you have lost your status and may not be considered to have implied status; therefore barring you from continuing school or work. Similar to the application to extend your status, you may wish to simultaneously apply for a work or study permit.
At Akrami & Associates, we may assist you with any concerns you may have as well as support you through the application process. Call us today talk to us about your situation. Our legal representatives will help you to the best of our abilities.
A temporary resident permit is issued if one is inadmissible to enter Canada.
The decision on one’s admissibility can only be made when he or she applies to come to Canada via filing an application with the consulate or at the port of entry.
An immigration or border services officer will decide if your stay in Canada is justified. In order for someone to be eligible for a
temporary resident permit or TRP, the need for that person to enter or stay in Canada must outweigh the factors of his/her inadmissibility. To be issued a temporary resident permit, there is a non-refundable processing fee of $200, which covers the cost of processing the application, which needs to be paid. The permits are usually issued for the length of your stay in Canada – you must leave Canada by the time the permit expires, or if you would like to stay longer, then you need to get another permit before the first one expires.
To apply for the permit, one needs to submit an application for a
temporary resident visa, along with documents that support reasons for why that person is inadmissible and why it is justified for that person to come to Canada. There are many reasons as to why a person may be inadmissible to enter Canada. People may be considered inadmissible if they are a security risk (espionage, subversion, terrorism), had committed human or international rights violations (war crimes, crimes against humanity), had committed a serious crime punishable by a maximum prison term of at least 10 years, have been convicted of a crime (driving under the influence, theft, assault, manslaughter, dangerous driving, possession of or trafficking drugs), have ties in or are involved in organized crimes, have serious health problems (may endanger public health or safety, vast demands for health services), have serious financial issues (not able to support themselves or family), misrepresented themselves on the application or interview, did not meet the conditions of the IRPA (staying in Canada long after their permit has expired, people who have been previously deported), or if they have a family member who is inadmissible to enter Canada.
One may still be admissible to enter Canada after committing a crime, depending on the date of the crime, the seriousness of the crime, and that person’s behaviour ever since. That person would then have to convince the immigration officer that they meet the legal terms to be deemed rehabilitated, that they have applied for rehabilitation and were approved, were granted a record suspension, or have a temporary resident permit. Being deemed rehabilitated means that a certain amount of time has passed and the crime now does not make you inadmissible to enter Canada. Rehabilitation means that the person is very unlikely to commit any new crimes – which needs to be proven that the person meets the criteria. Being granted a record suspension or discharge, in other words a pardon, no longer makes that person inadmissible to enter Canada.
If you have a criminal record and need to enter Canada, call us today! Let us help you with your Temporary Resident Permit (TRP) application. We are here to help!
A TRP is a Temporary Resident Permit. This permit allows people who are inadmissible to Canada to enter for a specific period of time and reason.
The majority of our clients in this area are from the United States, since we are so close many people have businesses in Canada or are part of a company that has offices in Canada, so many of our clients are people who need to come for a business meeting or conference. In these cases many of them most commonly have charges of impaired driving, which places a difficulty to enter Canada.
Here is where we come in we have help hundreds of clients in getting their Temporary Resident Permit in order for them to attend a conference, a meeting or to come see visit Canada for leisure
With careful analysis of the situation and making sure we do all the right things we are the way of achieving your Temporary Resident Permit
2. We Will Inform You Of All The Necessary Documentation
Preparing a file is a difficult thing no matter what the case is. With your
TRP application we will make sure to have all the correct documentation in regards to the reasons why you need to come to Canada. We will prepare your documents regarding your previous charges/convictions; if they have been successfully completed; all the documentation regarding your reasons to entry to Canada; and that you are not a risk to Canadians
We will translate into Canadian law the offenses for which you were convicted and make sure to demonstrate that you present no risk to Canada
3. We Will Walk You Through All The Necessary Steps To Get A TRP
We will let know, based on all the documentation and your case, whether it is better to file you
Temporary Resident Permit at a Consulate or to do it at the port of entry on your way to Canada
Once this is decided we will guide you though the application process in either of these situation
4. We Will Prepare You For The Interview And Questions You Will Have To Answer
We have been through this process many times. We know the questions you can expect from the immigration officer at the port of entry. We will make sure you are aware of what questions they might ask so that you can answer them with confidence
We will make sure you bring everything that may be necessary for you to show at the interview and make sure you are as prepared as possible in order for everything to go smoothly
5. We Will Make Sure To Establish The Great Need For You To Come To Canada
On of the test that is done in order to asses whether a person shall be allowed to enter into Canada once he or she is found inadmissible and is applying for a TRP, is the Need vs. Risk assessment
This assessment is our opportunity to demonstrate to the immigration officer that the need you have to go to Canada –
whether it would be your meeting or conference or visiting a sick friend – outweighs the risk that they might assume you pose the Canada and its people, because of your previous record
In this case we will make sure that with all your documents; the proper application; and your preparation for the interview, the officer sees that you are no threat to Canada and to issue you Temporary Resident Permit.
We will be with you from beginning till end, ensuring you make all the right moves to obtain your
TRP. This and many other reasons are why you should contact us, because at Akrami & associates we help you achieve your goals!
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 the special 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.
The basic assessment for a TRP is - your need to enter Canada should be compelling enough to overcome the risk to Canadian society.
Officers issuing the TRP use extreme caution when issuing these TRP at the border, as the health and safety of Canadians is at stake. The officer will consider the following when he asses your case:
Jobs, qualification
Family ties
Economic contributions to the Canadian society
Reason for visit
If you are criminally inadmissible the officer may consider the following:
Seriousness of the offence
Consequences of the offence
Were there any victims
Were any drugs or alcohol involved
How long ago was it
How has your behaviour been since then
Other things the officer will consider:
Is it your first time visit
Were you aware of the inadmissibility
How urgent is your situation
How minor or major is the reason for inadmissibility
What are the risks involved in allowing you to enter
I hope this helped. If you have any further questions about TRP , please contact us and our team of experienced professionals will be happy to help you.
Temporary Resident Visa is usually referred to as TRP and allows you to enter Canada temporarily despite the fact that you are considered inadmissible. In most cases individuals make a mistake and later realize that it will hurt their chances of coming to Canada.
You may want to work in Canada but due to the fact that you have committed a criminal act in your country you may be deemed inadmissible into Canada. For some, the situation might be out of their hands, especially with regards to their health, which they have no control over.
If your health is a risk to the safety of the Canadian society, you may be considered inadmissible. Thus the
Temporary Resident Permit allows you provide justifiable reasons to enter into Canada for a temporary visit to overcome your inadmissibility.
Where Can You Apply?
There are two ways you can apply for a Temporary Resident Permit
At a Canadian Consulate (located in the country you are applying from)
Port of Entry
Which Is The Better Option?
It is recommended that you apply for Temporary Resident Permit from the country you are currently residing in due to the fact that it could take a while for the application to be processed.
The Canada Border Officer will consider the reasons for which you want entry into Canada if you choose to make your application at the Port of Entry. If the officer is satisfied, they may grant you entry into Canada.
Are There Costs?
Making the application for Temporary Resident Permit comes at a cost. There are fees that are incurred by you that are non-refundable. If your application is denied, the fees that you have paid will not be reimbursed to you.
Things to Consider Before Making The Application
Before you start the application for Temporary Resident Permit you need to determine if you are from a visa-exempt country. There are certain countries that require you to have a visa before you can enter into Canada. If you do require a visa, make sure to apply before you make the application for Temporary Resident Permit.
If the above does not apply to you then you should submit an application for a Temporary Resident Visa, this allows you to enter into Canada temporarily for reasons such as business, family or tourism.
In order to obtain Temporary Resident Permit, you have to make a compelling case both at the Canadian Consulate or at the Port of Entry (depending on where you choose to make your application). By providing documents of proof, you will need to show why it is important for your application to be accepted. Thus you will have to provide reasons to justify your actions.
Tips on Making Your Case Better
It is recommended that you show documents with regards to:
Your character, are you a changed person from the time of the event that deemed you inadmissible to enter into Canada. Officers will focus on your moral character and determine if you are still a threat to the Canadian society.
It is important to show that you are a different person from what you used to be, thus the chances of you repeating the same offence again are very low.
When it comes to health, that is out of one’s control and the Canadian government sympathizes with that, but the responsibility still falls on you to show that with regards to your health, you will not be a risk to Canada. This is your chance to provide documents from your doctors pertaining to the progress of your health.
It is always best practice to tell the truth and provide legitimate reasons for your travel to Canada or why it is important for you to be in Canada. Death of a family member, or the birth of a child can be legitimate reasons for which you require immediate entry into Canada regardless of the fact that you are inadmissible.
Among these, there are many other reasons that can justify your visit and entry into Canada and help you get the Temporary Resident Permit.
Help is Always Available
Still have questions on how to proceed? At Akrami & Associates, we have experienced immigration representatives that will guide you through the whole process and help you attain the result you desire.