Denied Entry To Canada Temporary Resident Permit TRP

Temporary Resident Permit TRP

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.

Many people do not realize that a past criminal conviction may make them inadmissible to enter Canada. This means that, if you have a past criminal conviction, you should find out more regarding how this may affect you and what solutions you have, if you wish to successfully cross the Canadian border otherwise you will be refused to enter Canada.

One of the big surprises people face, and most especially United States citizens, is a criminal conviction of driving while impaired (DWI), driving under the influence (DUI), etc…

DUI or DWI & Denied Entry to Canada

While some may find these charges relatively minor, in Canada, impaired driving, is an indictable offence. This means that it is considered a serious offence.

  • What does this mean for all of the people who have had a DUI offence on their records?
  • Does this mean that you cannot cross the Canadian border?

The answer is no, there are still ways for you to cross the Canadian border with a DUI offence. There are a few options available to you if you have a DUI offence on your records.

  1. If you have only one conviction on your record, be it a DUI conviction or otherwise, and it did not result in an imprisonment sentence, then you may apply directly at the Port of Entry for a Temporary Resident Permit
  2. Apply for a temporary resident permit prior to entering Canada
  3. Apply for rehabilitation – this is an application that, if approved, will remove yourself of criminal inadmissibility
  4. Deemed rehabilitated – you could go to a Port of Entry and make your case to the border officer convincing them that you should be considered rehabilitated because of the many years that have passed since you served your sentence and the exemplary lifestyle you have led since then
  5. Apply for a record suspension – this is essentially a pardon, if you live outside of Canada, you would have to determine whether or not it would be valid in Canada

As you can see, many choices are available to you. If you have a DUI on your record, Akrami & Associates can assess your situation and further provide assistance so that you can successfully make your way into Canada.

You may find yourself in the position of being denied entry into Canada due to,

  • Past criminal convictions like DUI or DWI
  • Not meeting Canada’s medical standards
  • Non-compliance

If you got Denied Entry into Canada:

At this point you may be deliberating what options you have to enter Canada because you have important engagements that need to be seen to. If this is your circumstance, you may find that a Temporary Resident Permit is for you. There are two ways you can apply for a Temporary Resident Permit. You may either do so at a Canadian Port of Entry or you can make an application to a Canadian Consulate in your home country.

Depending upon whether or not you come from a visa-exempt Country, you may need to determine how the process works for you. For those who come from a visa-exempt Country, you should contact the Canadian visa office in your country or region and ask them what the specific applications are. If you do not come from a visa-exempt Country, then you will be filling out a Temporary Resident Visa form along with documentations that show,

  • Why you were considered inadmissible
  • Why you think you should be allowed to enter Canada despite your inadmissibility

Regardless of whether you apply to a Canadian Consulate or at a Canadian Port of Entry, you will have to complete this application with supporting documents. Your application should show,

  • That you are a low-risk traveller
  • That your reason(s) for entering Canada are legitimate and important enough to outweigh the risk that you present
  • That your character has changed for the better

As there are no set rules regarding how to best present yourself in a Temporary Resident Permit application, it may be difficult to gauge what you need to include in your application and what the best documents to provide are in order to show this.

At Akrami & Associates, our legal professionals have had the experience of successfully completing several Temporary Resident Permit applications. If you need assistance with your application, call us today and let one of our representatives help you.

If you are attempting to enter Canada and you have a previous conviction, you may or may not be already aware that you may be considered inadmissible to Canada.

Having a DUI is a serious offense in Canada and can be translated into Canadian law as a hybrid or indictable offense.

There are three types of offenses in Canada:

Summary offences – These are less serious offences. The maximum penalty for a summary offence is usually a $5,000 fine and/or six months in jail. Some summary offences have higher maximum sentences.

Indictable offences – These are more serious offences and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties for indictable offences vary and include life in prison. Some indictable offences have minimum penalties.

Hybrid offences - These are offences that can be dealt with as either summary or indictable. Crown counsel makes the decision about how the offence will be handled.

Depending on the severity of your Driving While Under the influence DUI conviction is, it will have an impact on your ability to acquire a Temporary Resident Permit TRP or Criminal Rehabilitation. These are the only two ways that you will be able to overcome your criminal inadmissibility and be considered admissible to Canada.

A Temporary Resident Permit (TRP )is a temporary document, meaning that it has an expiry date, which will allow you to overcome your inadmissibility for a period of time to allow you to enter Canada.

A Criminal Rehabilitation is the permanent version of a Temporary Resident Permit which allows you to overcome your inadmissibility once and for all, provided that you do not reoffend or become inadmissible to Canada for another reason.

When attempting either of these applications, you will need to be able to accurately translate your foreign offense against Canadian Law. For example, a conviction of Driving Under Influence (DUI) is called Impaired Driving in Canada. However, international criminal charges and Canadian Law do not always so easily align and will take some legal knowledge to understand how they compare to one another. You do not want to interpret your conviction into something that may be worse in Canada.

If you are facing criminal inadmissibility, contact us. We will help you every step of the way towards achieving your goals in Canada.

Canada is a generous country that allows foreigners to cross its borders for a variety of purposes. Canada recognizes the importance that immigrants play in the development of its society and economy. However, this does not mean that Canada does not protect its borders. In this regard, Citizenship and Immigration Canada has set out various situations that will cause you to be inadmissible to Canada. The major inadmissibilities to Canada are medical and criminal inadmissibility. The focus of these inadmissibilities is prohibiting individuals from entering or remaining in Canada who can pose a risk to Canada’s society and the people residing in Canada.

You will be considered criminally inadmissible if you have a past criminal conviction. If you have a past criminal conviction and need to come to Canada you can consider applying for a Temporary Resident Permit and/or Criminal Rehabilitation depending on the nature of your circumstances.

A Temporary Resident Permit is not just issued on a whim or to everyone that applies for a Temporary Resident Permit. Citizenship and Immigration Canada’s immigration officers will issue Temporary Resident Permits with caution and only in special circumstances.

An immigration officer will carefully consider the following factors before granting you a Temporary Resident Permit:

  • A Temporary Resident Permit is a document that can provide the holder of the Permit greater privileges than a Visitor, Student and Worker with Temporary Resident status. For example, a Temporary Resident Permit allows for you to apply inland for a Work or Study Permit, and it may give you access to health and other social services.
  • There is no discretion involved in granting Permanent Resident status if you meet the requirements of the Permit Holder class. If you remain continuously in Canada for the specified time and you do not become inadmissible on other grounds, you will be granted Permanent Residency.

Given the above privileges that a Temporary Resident Permit can offer you, an officer will review your Temporary Resident Permit application carefully before issuing you a Temporary Resident Permit.

If an officer decides to issue you a Temporary Resident Permit, they will grant you an initial permit for a maximum period of three years. They will also take into consideration the above factors when deciding to extend the validity of a Temporary Resident Permit for an additional two years.

At Akrami & Associates, our team of legal professionals has the skills, knowledge, and expertise to deal with your past convictions. We will put our best effort forward in finding a solution to overcome your criminal admissibility.

Are you looking to come to Canada, but you know you will be turned away at the Port-of-Entry because you have a past criminal conviction? The answer to your problem will likely be to apply for a Temporary Resident Permit, which is a document that allows you to come to Canada if you have been previously convicted of a criminal offence. You may also be eligible for Criminal Rehabilitation.

Given that a Temporary Resident Permit allows you to overcome your criminal inadmissibility and enter Canada, this Permit is issued with care and after careful consideration of your application. In some instances, you may even be called for an interview with an immigration officer before a determination is made on your application.

Have You Been Called For An Interview As A Result Of Your Temporary Resident Permit Application?

When you apply for a Temporary Resident Permit, the immigration officer will look at your application thoroughly and cautiously. This is because being granted a Temporary Resident Permit offers the Permit Holder certain privileges and opportunities that are not offered to Visitors and Students who are in Canada on a Temporary Status. For example, Permit Holders can apply inland for a Work or Study Permit and they may be given access to health and social services. Additionally, if a Permit Holder remains in Canada continuously for the time period specified on the Temporary Resident Permit and they do not become inadmissible on other grounds, they will be granted Permanent Resident status. For these reasons, an application for a Temporary Resident Permit is not taken lightly.

When assessing your application for a Temporary Resident Permit, an immigration officer may feel the need to interview you before they make a determination on your application. Under the Immigration and Refugee Protection Act, officers may interview you as part of the enforcement, selection, and/or counseling process.

An interview will give the immigration officer the opportunity to do the following:

  • It will provide the officer with any information regarding any possible inadmissibility or violation of the Immigration and Refugee Protection Act
  • It will allow the officer to assess your credibility
  • It will allow the officer to confirm facts related to need and risk
  • It will allow the officer the opportunity to communicate any concerns with you

An interview is not a mandatory step in an application for a Temporary Resident Permit. An interview may not serve any useful purpose in the following circumstances:

  • The officer is sure you are eligible for a Temporary Resident Permit
  • You are credible
  • You don’t represent a risk to Canadian Society

If you satisfy all of the above factors, there will be no need for an interview. However, if the officer is uncertain about either of the last two above factors, then they will likely schedule you for an interview.

At Akrami & Associates, our team of legal professionals has the knowledge, skills, expertise and experience to help you with any admissibility you may face. If you are criminally inadmissible, we have the expertise to assist you with your Temporary Resident Permit application and your Criminal Rehabilitation application.

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