Criminal Inadmissibility
Have you been denied entry into Canada due to a Criminal Record? Perhaps you have a misdemeanour driving under the influence (DUI) or driving while impaired (DWI) on your record. You were surprised to find that you could not enter Canada for a planned family vacation or a much-anticipated road trip to Alaska. If you have been denied at the border because of a DUI/DWI or other criminal offence, you will need a temporary resident permit (TRP) or criminal rehabilitation to enter Canada.
What is a temporary resident permit?
A temporary resident permit is a document that allows people to enter Canada who are criminally inadmissible according to the Immigration and Refugee Protection Act. This document will allow foreign nationals to enter and remain in Canada for a specified duration despite having a prior criminal record. A temporary resident permit can be issued anywhere from 1 day to 3 years, and it may have certain conditions attached like obeying all of Canada’s laws while you are in the country and leaving Canada by the time the period authorized for your stay has expired.
The Law
Section 36 of the Immigration and Refugee Protection Act states that foreign nationals who have committed a criminal act in Canada or any other country are inadmissible to enter Canada. Paragraph 36(1) specifies that permanent residents who commit serious criminality can also be found inadmissible to Canada.
It is important to note that as of 2018, drinking and driving offences are now considered serious criminality in Canada. This is why it is very important to properly prepare your application for entry into Canada if you have a criminal record, particularly for drinking and driving offences.
How does this affect you?
The law affects pilots, flight attendants, businesspersons, truckers, students, and those wanting to enter Canada either in transit to another destination or as a final destination on their vacation. This means that if you have a criminal record and are in one of the above professions or classes you will need a temporary resident permit to enter or pass through Canada. Without a TRP, you can be refused entry and forced to return to your country of origin at your own expense. This can be costly and a disappointing end to a much-anticipated trip.
How do you receive a TRP?
The most important step to receiving a temporary resident permit is to submit a thorough and complete application. You need to address your criminality and show the Canadian Border Security Agency (CBSA) Officer that you are not a risk to the Canadian public. One way of doing this is to show stability in your life – this can be done by demonstrating stable employment or a stable relationship. You will also need to pay a $200 Canadian processing fee for the TRP. This fee is non-refundable, so it is important to ensure that your application is completed correctly for your best chance of success.
The typical processing time for a TRP is 6 to 12 months at the Canadian Consulate. However, if you need to enter Canada on an urgent or emergency basis, it may be possible to apply at the port of entry. Requesting a TRP at the border can result in a permit with a duration of up to 1 year only.
What if you need a TRP with a longer duration?
If you need a TRP with a longer duration, you will need to reapply. For example, if you were issued a TRP valid from May to November 2022, if you would like to visit Canada in January 2023, you will need to reapply for a new TRP.
A more permanent solution would be to apply for Criminal Rehabilitation. Criminal rehabilitation will be covered in the next article, but it allows you to permanently resolve your inadmissibility. This means that you can enter Canada as often as you would like without needing to apply for a TRP before each visit. To be eligible for criminal rehabilitation, a minimum of 5 years must have passed since you completed all elements of the sentencing for your criminal offence. There is a non-refundable processing fee of $200 Canadian for this application.
For More Information
I can help you in filing your TRP or Criminal Rehabilitation application. Regardless of if you have an urgent need to travel to Canada for a meeting, business, personal, or leisure trip or want to come to Canada to live permanently, I am here to help you. If you are hesitant about travelling to Canada due to a prior conviction or want more information on how this can affect you for your business or leisure trips to Canada, contact me at (437) 747-8008, kristina@kvalaw.ca, or book a consultation. I have worked with several individuals and helped them file complete applications successfully.
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