Shabnam Akrami Blogs
Denied Entry to Canada for Past Criminal Record
Entering Canada with a Criminal Record
Have you recently been denied entry to Canada due to a past criminal record and have missed your important business or leisure trip? Missing an important trip can be quite frustrating as you have spent your time, money and energy to be only sent back home.
Find out below if you are eligible to overcoming your inadmissibility issue to Canada.
Temporary Resident Permit
If you have past criminal record with an urgent travel date coming up then you may be eligible to apply for Temporary Resident Permit (TRP). The TRP takes care of your past inadmissibility issue only on temporary basis. To apply for a Temporary Resident Permit your reason for entry must be good and prove that you do not pose a risk on Canadian citizens.
Based on your reason for travel the immigration officer reviews your application and decides whether to approve or refuse your application. The sole discretion is up to the immigration officer; however the presentation of the application plays a critical role as well. The application presented must show that you are rehabilitated and must be strong enough to convince the officer you have compelling need to enter the country.
To convince the immigration officer to grant you a TRP, you must satisfy the below:
have limited offences on record
have served and completed everything that was imposed by the court
have good reason for travel such as business, work or family emergency
Can I be granted a TRP for Leisure?
Yes, Temporary Resident Permit is granted for leisure trips as well. However to convince the immigration officer to grant you a TRP for leisure you must satisfy the below:
have limited offences on record
have served and completed everything that was imposed by the court such as probation
proof of reservations or accommodations booked
anything that shows you are contributing back to the Canadian economy
Can I apply for Temporary Resident Permit at the Border?
Temporary Resident Permit can be applied in two ways:
Same day decision at the port of entry. Must have good reasons for the immigration officer to consider reviewing your application at the border
Submitting your application to the consulate level which take 4-6 months for processing but can go up to 12 months depending on volume of applications they receive
To increase your chance of obtaining a TRP at the border is by demonstrating you have submitted an application to the consulate as well. Immigration officers have the right to refuse you entry if they see you failed to submit an application to the consulate. Therefore, to avoid getting a refusal is by demonstrating good character on your end that you have submitted an application but have not received a decision yet; and therefore had no choice to travel to the border due to the urgency of your trip.
Can I Renew Temporary Resident Permit
A Temporary Resident Permit is usually valid from 1 day to maximum of 3 years. The validity of the time frame is given based on your need of entry into Canada and your offense history. Also, the immigration officer looks at the nature of your offense and how serious it was prior to granting a TRP. For example, most pilots, flight attendants or business individuals are given at least one to two years’ time frame at the border or consulate. The officer can grant longer or shorter based on your circumstances.
Most leisure individuals are granted a specific time frame. For example, if you planned a 2 week trip to Niagra Falls and the officer decides to grant you a TRP then most likely you will only be granted the 2 week time frame. For the immigration officer to grant a longer time, you must demonstrate that you have other leisure trips coming up soon.
Once your Temporary Resident Permit expires, you must apply for a brand new application. The immigration officers look at the following prior to granting another TRP:
Your offense history
Purpose of travel
Did you abide to the conditions set on your previous TRP
Do I always have to apply for Temporary Resident Permit?
The Temporary Resident Permit takes care of your criminal record on temporary basis only. You are eligible to apply for Criminal Rehabilitation five years from the date you have completed your sentence. Criminal Rehabilitation allows you take care of your past criminal record on permanent basis and can only be submitted at the consulate. Depending on the seriousness of your offense and how many offenses you have will determine your eligibility for criminal rehabilitation. Refer to our blogs on Criminal Rehabilitation for more detailed information.
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