Overcoming inadmissibility: how a Temporary Resident Permit (TRP) can help you enter Canada

(TRP) is a document issued by Citizenship and Immigration Canada that allows individuals who are technically inadmissible to Canada to visit the country. Inadmissibility may be due to various reasons, such as a criminal conviction or medical condition that does not meet the requirements for entry into Canada. However, in certain circumstances, a TRP may be granted to individuals whose need to visit Canada outweighs the risk associated with their inadmissibility.

A TRP serves as an exception to the general rule of inadmissibility and is typically granted on a case-by-case basis. It is not a permanent solution, but rather a temporary measure that allows individuals to enter Canada for a specific purpose or period of time. For example, an individual may be granted a TRP for a work-related visit to Canada if their presence in the country is deemed beneficial to Canada or its citizens.

The decision to grant a TRP is based on various factors, including the nature and severity of the inadmissibility, the purpose of the visit, the individual’s past criminal or medical history, and the potential risks and benefits associated with their entry into Canada. It is important to note that a TRP does not guarantee entry into Canada, and individuals must still meet all other entry requirements, such as obtaining the necessary visas or permits.

In cases where a person has a criminal conviction on their record and wishes to enter Canada, a TRP may be their best option if their sentence was completed less than five years ago. However, even with a TRP, individuals must adhere to certain conditions while in Canada. This includes respecting and following all Canadian laws, obtaining additional permits if required for work or study during their temporary residence, and not leaving and re-entering Canada without proper authorization.

It’s worth noting that TRPs are also required for family members of individuals who are deemed inadmissible to Canada. Each family member must apply for and be granted a separate TRP to accompany the inadmissible individual to Canada.

It’s important to understand that a TRP is not a permanent solution and is typically granted for a specific purpose and period of time. Individuals with a TRP must leave Canada once their authorized stay has ended unless they have obtained another immigration status that allows them to stay in Canada permanently.

Overall, a Temporary Resident Permit (TRP) is a temporary measure that may be granted to individuals who are inadmissible to Canada for various reasons. It allows them to visit Canada for a specific purpose or period of time, but it is not a guarantee of entry and individuals must still meet all other entry requirements. It’s important to consult with a qualified immigration professional or contact the appropriate Canadian authorities for detailed and up-to-date information on TRPs and the requirements for entering Canada.

TRP: who requires them for entry to Canada

Temporary Resident Permits (TRPs) are required by individuals who are deemed inadmissible to Canada but have a legitimate need to enter the country. TRPs can cover both medical and criminal inadmissibility. If an individual has a criminal conviction and completed their sentence less than five years ago, a TRP may be the best option for them to travel to Canada.

It’s important to note that if a person is deemed inadmissible to Canada, their accompanying family members may also be considered inadmissible. Therefore, each family member must apply for their own individual TRP and be granted permission by a border officer before they can enter Canada.

Once a person receives a TRP and enters Canada, they must comply with certain conditions to remain in the country. This includes respecting and adhering to all Canadian laws. Additionally, if a person wishes to work or study in Canada during their temporary residence, they must obtain the appropriate permits in addition to their TRP.

Furthermore, it’s crucial to understand that a temporary resident cannot leave and re-enter Canada without proper authorization. When a TRP expires, the holder must leave Canada in accordance with the expiration date stated on the permit.

It’s essential to follow all the requirements and conditions associated with a TRP to ensure compliance with Canadian immigration laws and regulations.

What to do when convicted of a felony

When someone is convicted of a crime outside of Canada, it is crucial to compare the elements of Canadian law with those of the foreign jurisdiction to determine whether the person is admissible or not. What matters is not the foreign law under which the person was convicted, but rather the equivalent of that conviction under Canadian law. The officer must establish that the foreign offense contains the essential elements of the offense in Canada in order to show that it is equivalent to the foreign offense. The officer can compare foreign law and foreign court decisions and examine the person during the admissibility hearing.

The intent behind this policy is to deny entry to individuals who intend to use Canadian soil as a safe haven from their criminal proceedings or who are fleeing from criminal proceedings.

However, criminal charges that are dropped or result in a not guilty verdict will not cause inadmissibility. But if the person is going through a trial at the time for a charge, they may be deemed inadmissible pending the results of the trial.

Types of criminality

Canada has strict regulations regarding criminality that can result in inadmissibility for individuals seeking entry into the country. There are three types of criminality that may be grounds for inadmissibility:

1. Serious Criminality: This type of criminality pertains to offenses that carry a maximum penalty of 10 years or more imprisonment. If the offense was committed outside of Canada, it would be carefully reviewed to determine the equivalent offense in Canada and the corresponding charge.
2. Criminality: Criminality as a ground for inadmissibility applies only to foreign nationals and not to permanent residents already living in Canada. This type of criminality has a lower threshold and includes convictions for summary, indictable, or hybrid offenses.
3. Organized Criminality: Organized Criminality involves the involvement of a permanent resident or foreign national with an organized crime group, which can lead to inadmissibility.

In cases where an individual has a felony conviction on their record and needs to enter Canada, the best option is to apply for a Temporary Resident Permit (TRP). TRPs are awarded by the minister to foreign nationals who may be barred from entering Canada as a temporary resident due to inadmissibility or failure to meet the requirements of the Immigration and Refugee Protection Act (IRPA). TRPs provide an opportunity to enter Canada in such situations. However, for individuals with a felony conviction, at least five years must have elapsed since the sentence was served in order to be eligible to apply for a TRP.

In addition to the grounds for inadmissibility in Canada, there are other circumstances where an individual who is considered inadmissible may still be allowed entry. These include:

1. Pardon: Under the Criminal Code, a person who has been granted a pardon for the offense in question is exempt from inadmissibility. It is important that a foreign pardon is equivalent to a pardon in Canada, regardless of whether the offense occurred inside or outside of Canada.
2. Acquittal: An acquittal or finding of not guilty also exempts a person from inadmissibility, regardless of whether the offense occurred inside or outside of Canada.
3. Deemed Rehabilitated: If a person’s conviction occurred outside of Canada, they may be deemed rehabilitated, thereby removing the ground of inadmissibility, if at least 10 years have passed since the completion of sentence for the crime. Additionally, the conviction must not be considered serious in Canada, must not have involved serious property or physical damage or a weapon, and the offense in Canada would have been punishable by a maximum term of 10 years in jail.
4. Individual Rehabilitation: Unlike deemed rehabilitation, in this case, the person must apply for rehabilitation. To be eligible, the person must show that at least 5 years have passed since the sentence for the conviction, and that the conviction would be considered a hybrid or indictable offense in Canada.

It is important to understand these additional circumstances and their requirements for individuals who may be deemed inadmissible to Canada due to criminality.

Akrami & Associates is a professional legal firm that specializes in immigration and citizenship matters in Canada. They can assist individuals who have been denied entry into Canada due to a felony conviction. Their services may include:

1. Legal Analysis: Akrami & Associates can thoroughly review your situation and analyze the reasons for your denial of entry due to a felony conviction. They can assess the legal options available to you based on Canadian immigration laws and regulations.
2. Immigration Solutions: Akrami & Associates can provide guidance on the steps you need to take to overcome the denial and successfully enter Canada. This may involve preparing and submitting relevant applications, forms, and supporting documents on your behalf, such as a Temporary Resident Permit (TRP) or Criminal Rehabilitation application.
3. Representation: Akrami & Associates can represent you in dealing with Canadian immigration authorities, including communicating with immigration officers, preparing legal arguments, and attending hearings or interviews on your behalf. They can also provide advice and support throughout the entire process to help you navigate the complexities of Canadian immigration law.
4. Legal Advocacy: If necessary, Akrami & Associates can provide legal advocacy to challenge the denial of entry and represent your interests in court, including filing appeals or judicial reviews to seek a resolution in your favor.
5. Legal Advice and Guidance: Akrami & Associates can provide professional legal advice and guidance throughout the entire process, including explaining your legal rights, informing you about the relevant laws and regulations, and answering any questions or concerns you may have about your situation.

Akrami & Associates strive to find solutions for their clients, and they have experience in handling complex immigration cases, including those involving felony convictions. However, it’s important to note that every case is unique, and outcomes may vary based on individual circumstances and Canadian immigration laws.

It’s recommended to contact Akrami & Associates directly to discuss your specific situation and explore how they can assist you.

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