There are a number of reasons that you may be denied entry to Canada:
Criminal Inadmissibility like DUI or DWI
These are just a few of the reasons you might be denied entry. For most, it usually comes as a shock. Thousands of people cross the border into Canada on a daily basis, for some, it is a routine experience at the border. For others, they are faced with the harsh reality that an Officer at the border has determined they are inadmissible. Whether or not you are aware of your inadmissibility or whether you have never had an issue in the past before, being considered inadmissible to Canada is not something that you can escape or reattempt the next day. In situations such as these, there are basically two ways to overcome this inadmissibility; a Temporary Resident Permit or an Application for Criminal Rehabilitation.
What is Temporary Resident Permit
A Temporary Resident Permit (TRP), like its namesake, is a temporary document that will allow you entry into Canada for a limited amount of time. These are not to be confused with Temporary Resident Visas. One is a status document while the other is a Travel Document. The Temporary Resident Permit, a travel document, will allow you to travel to and enter Canada regardless of your inadmissibility. The length of these permits is completely at the discretion of the Officer making a decision on your matter. Sometimes they can be granted for 3 years or others for just the day, depending on your reason for travel to Canada. When an Officer reviews your application, they will consider "need vs. risk." This means that they will consider whether or not your need to enter Canada is sufficient or justifiable enough against the risk you might pose to Canada and Canadian Citizens and Permanent Residents. In your application, you will need to strongly demonstrate:
Remorse for your previous offense(s);
Your considerably changed moral character;
Your purpose or reason for seeking entry into Canada; and
That you would be considered a low risk traveller.
What is Temporary Resident Permit and Criminal Rehabilitation
The Criminal Rehabilitation Application is very much like the Temporary Resident Permit in that it allows you to overcome your reason for being considered inadmissible; however it is a permanent document. Meaning, unlike the Temporary Resident Permit, if you are successful in obtaining your Criminal Rehabilitation application, you will never again be denied entry to Canada for your past criminal offenses. This application type only applies to those who are denied entry to Canada based on previous criminal charges and not for other grounds of inadmissibility like medical reasons. There are two types of Criminal Rehabilitation Applications and not everyone qualifies so be sure that you are able to apply, otherwise, you will need a Temporary Resident PermitTRP until you qualify. The two ways you may qualify for Criminal Rehabilitation is by being deemed Criminally Rehabilitated or by applying for Individual Rehabilitation.
Deemed Criminally Rehabilitated or Individual Rehabilitation?
There are two types of Criminal Rehabilitation Applications and not everyone qualifies so be sure that you are able to apply, otherwise, you will need a Temporary Resident Permit until you qualify. The two ways you may qualify for Criminal Rehabilitation is by being deemed Criminally Rehabilitated or by applying for Individual Rehabilitation.
Convicted of an offence outside Canada
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
You are deemed rehabilitated: at least ten years after commission of the offence.
You are eligible to apply for rehabilitation: five (5) years after commission of the offence.
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
You are deemed rehabilitated: not applicable.
You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
You are eligible to apply for rehabilitation: not applicable.
Criminal Rehabilitation and Temporary Resident Permit Application
Applying for a Criminal Rehabilitation and Temporary Resident Permits should be done in advance to your travels if you wish to avoid being denied entry to Canada. If you have been charged with, convicted of or committed an offense outside of Canada, changes are you may be considered inadmissible. Simply because you have had no issues in the past when crossing into Canada does not mean being denied cannot happen to you, it just means it has not happened yet. You can still be issues a Temporary Resident Permit at the Port of Entry at an Officer's discretion however even this ability will last only for so long before an Officer will tell you to make a proper application. If you think you need to apply for a Temporary Resident Permit or Criminal Rehabilitation application, you should contact us to find out more about your eligibility and how we can help you with any upcoming travel needs.
Akrami & Associates will take your unique situation into question as we:
Determine the reason for your inadmissibility
Review court documents, medical documents and Citizenship and Immigration Canada Regulations as applicable
Provide you with a customized list of documents suited to your unique situation
Prepare and draft your forms
Prepare our legal submissions and arguments, essentially legally explaining why you should be allowed entry into Canada
Prepare you for an attempt at a Port of Entry, if applicable, and provide you with a package that you will carry on your person to facilitate your travels
Akrami & Associates will be with you every step of the way! We are dedicated to getting the results you need and our proactive approach will make all the difference. Contact us for more details. Akrami & Associates… there is always a way!
We Can Help You With Your Temporary Resident Permit Application!
We have dealt with hundreds of Temporary Resident Permit application cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save your from hassle.
If you are worried about the legal fees, don't be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.
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Fantastic news, I entered Canada without a hitch. Once the guard at the border saw the package you had prepared for me, he took about ten minutes and handed me my permit. What I relief! I don’t know why I ever tried this without you guys! Thank you!