Temporary Resident Permit vs. Criminal Rehabilitation

Temporary Resident Permit vs. Criminal Rehabilitation

In Canada, there are two relevant applications that one may apply for if they wish to overcome their criminal inadmissibility; they are a Temporary Resident Permit or a Criminal Rehabilitation. The two have similarities in the matters that they deal with, specifically criminality, but they also have noticeably big differences. As a person with criminal inadmissibility, it is very important to determine which application is best suited for you. Therefore, in this article, I will explain the difference between a Temporary Resident Permit and a Criminal Rehabilitation, as well as which application you need to apply for based on your criminal past.

The Difference between a Temporary Resident Permit vs. Criminal Rehabilitation

Although both of these applications help criminally inadmissible individuals gain entry into Canada, there are major differences between the two. For instance, the most evident difference between the two applications is the length of time you are permitted to enter Canada for. Specifically, with a Temporary Resident Permit, you will only be permitted a single entry into Canada. The Temporary Resident Permit does not allow multiple entries into Canada. This permit will indicate the period of time that you are allowed to stay in Canada and any limitations to your travel in Canada.

In contrast, a Criminal Rehabilitation allows you entry into Canada and also allows for your criminal inadmissibility to be dissolved for future entry. Luckily with this application, once you have applied and been approved, your criminal inadmissibility will no longer affect your entry into Canada in the future. In other words, you may enter Canada however many times you would like going forward as your criminal inadmissibility will no longer be an issue.

How Do I Know Which Application to Apply For

It is always best to consider which application you need to apply for. In order to apply for a Criminal Rehabilitation application, you must be inadmissible due to past criminality. There are very strict requirements that must be met in order to apply for this type of application. It also entirely depends on the criminal offence you were convicted for. For instance, if you were convicted of an indictable offence that is punishable for a maximum of 10 years of imprisonment, then you may apply for a Criminal Rehabilitation. However, you may do so only if a minimum of five years have elapsed since the completion of your sentence. Keep in mind, if you have successfully completed your sentence ten years ago, then you will be deemed rehabilitated and would no longer be deemed inadmissible to Canada. Thus, you do not need to apply for a Criminal Rehabilitation. Furthermore, if you were convicted of an offence that is punishable by more than 10 years, then you may only apply for a Criminal Rehabilitation application five years after the completion of your sentence. For this particular circumstance, deemed rehabilitation will not be an option at any time.

On the other hand, in order to apply for a Temporary Resident Permit application, you must provide immigration with a valid reason for why you must enter Canada with inadmissibility. Additionally, you may apply for a Temporary Resident Permit if you have been deemed inadmissible to Canada for reasons other than criminal inadmissibility. For instance, if you have a health concern that may be a threat to the well-being and health of Canadian citizens or permanent residents, then the individual may be inadmissible due to health reasons. For other types of inadmissibility, a Criminal Rehabilitation application will not be best suited for your particular circumstance. Lastly, if you have an urgent reason for travel, however, are also applying for a Criminal Rehabilitation, you may apply for both at the same time. The reason for this is because you may be able to enter Canada on your Temporary Resident Permit for your urgent travel, and then if you receive an approved Criminal Rehabilitation, you will no longer need to apply for a Temporary Resident Permit in the future, as the criminal inadmissibility will no longer be an issue.

Can I Extend my Temporary Resident Permit

For Temporary Resident Permit applications, as previously mentioned, they are only permitted for single entry into Canada. Should you need to extend your stay, for any reason, you must apply for another Temporary Resident Permit; you cannot use the same permit. An important note to consider is that the Temporary Resident Permit will usually be valid for the same time as your passport expiration, otherwise stated by the immigration officer who issued your temporary resident permit. Therefore, it is essential to know the validity time of your Temporary Resident Permit prior to travelling to Canada, especially if you feel as though you will need to extend your stay. Once, and if, you apply for your second Temporary Resident Permit, the immigration officer will once again assess your eligibility and inadmissibility to Canada. If you plan on travelling to Canada in the future and have not applied for a Criminal Rehabilitation application in order to overcome your inadmissibility, it is suggested to do so. The reason being is because if you do not, you will consistently run into your inadmissibility issue and will consistently need to apply for a Temporary Resident Permit.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a Temporary Resident Permit or a Criminal Rehabilitation. Applications for Temporary Resident Permits and Criminal Rehabilitations are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain entry into Canada as visitors with inadmissibility. If you believe that you may be eligible for a Temporary Resident Permit or a Criminal Rehabilitation, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!