Determining if Criminal Inadmissibility is Minor

Posted in Temporary Resident Permit

Minor Criminal Charges and Entering Canada

Many people believe that their conviction is minor and they are puzzled when they are not admitted into Canada. Here are some factors that can consider your offense as minor:

  • the crime did not involve drugs, except for simple possession of marijuana/hashish;
  • the crime did not involve physical harm or violence;
  • the crime resulted in a suspended sentence or probation (no jail term), unless it was the result of plea bargaining;
  • the crime did not involve damage to property (impaired driving resulting in an accident would not be eligible);
  • if on probation, the person has been fulfilling the conditions;
  • there are no more than two convictions.

Now remember, just because your conviction might be considered minor, it does not mean the officer will allow you entry or that you do not require a Temporary Resident Permit. If your offense falls under the "minor" category still ensure that you have documentation show the risk versus need. This way you increase your chances of approval at the border.

Can I Apply for PR if I Need a TRP?

You may become permanent residents of Canada if you have not become inadmissible on any grounds other than those for which the original permit was issued and they have resided in Canada for a period of:

AT LEAST THREE YEARS, AND

AT LEAST FIVE YEARS, AND

• are inadmissible on health grounds under section A38(1); or

  • • are inadmissible on any grounds not mentioned in the first column of this table with the exception of:
  • security [A34]
  • violation of human or international rights [A35]
  • serious criminality [A36(1)]
  • organized crime [A37]

• are inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds; or

• are inadmissible on grounds of having come to Canada as an accompanying family member of a person described above.

TRV versus TRP

Temporary Resident Visa or TRV is a visa to enter Canada. Persons who come from a country which requires a visa to enter Canada will require the TRV. If you are from a visa exempt country then you do not require this. Essentially, this document is citizenship specific.

A TRP on the other hand is permit to overcome your inadmissibility to Canada. For example if you have a criminal record you might require a TRP regardless of your citizenship. TRP have nothing to do with you citizenship. An example would be an American who is convicted of DUI or DWI may require a TRP to enter to Canada.

Tags: Temporary Resident Permit (TRP) Denied entry to Canada Canadian Temporary Residence Canadian Immigration Determining if Criminal Inadmissibility is Minor

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