A temporary resident permit (TRP) is a document allowing a person who is inadmissible to Canada to enter as a temporary resident or to remain in Canada. A TRP is issued at the discretion of the processing officer, so it is important to have as complete and thorough of an application as possible for increased chances of success. If you have a criminal record, have been arrested or charged with an offence, or have been previously deported or refused entry into Canada, a TRP can help to overcome your inadmissibility and allow entry into Canada.
It is important to note that if you are applying for a Visitor Visa, a Study Permit, a Work Permit, or Permanent Residence and are inadmissible to Canada, a Temporary Resident Permit or Criminal Rehabilitation will be required prior to the Visitor Visa, Work Permit or Study Permit being issued.
What Information do the Canadian Border Officers Have Access to?
Canadian border officers have full access to US criminal records through the FBI's National Crime Information Center (NCIC) database. In addition, several United States Department of Motor Vehicles (DMV) agencies also share driver's license records with the Government of Canada. This makes it very easy for Canadian border officers to flag an American visitor who has a criminal history or impaired driving offence. As a result, any American with a past arrest or conviction should either obtain special permission to enter Canada or bring documents proving a dismissal, expungement, completion of a conditional discharge program or some other outcome deemed favourable by border security officials. Without adequate proof that they will not threaten Canadians' safety and security, US citizens hoping to visit Canada could be denied entry if a past DUI or other conviction appears on their background check.
What Questions Could I be asked at the Border?
The information available to Canadian Border Services Officers at the port of entry makes it imperative that any US citizen or foreign resident be prepared to answer any and all questions related to their criminal history or past driving offences or they can risk being refused entry into Canada. This is where the proper completion of a TRP package becomes important.
Some questions that you may be asked when seeking entry to Canada include the following:
What is your relationship with the individual(s) or organization(s) you will be visiting in Canada?
How long do you intend to remain in Canada?
Do you have a valid reason to visit?
Do you have sufficient financial resources to pay for your stay in Canada?
Do you have the proper paperwork (if required) to enter Canada?
The questions CBSA officers ask will revolve around the duration and nature of your stay in Canada. If you are flagged as having a criminal record, having been previously deported or overstayed your visit to Canada or any other country, your answers to these questions should reassure the border officers that you will not overstay, or commit any criminal acts on Canadian soil.
How to Obtain a Temporary Resident Permit
If you’re otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh Canadian society's health or safety risks, as determined by an immigration or border services officer. Canadian law requires you to present proof of your identity, such as a valid passport, to enter Canada. To be considered valid, a passport must have an expiration date which is no less than six months after your intended departure date. You must also prove, to the satisfaction of the border officer, that you present no threat to Canadian security. If you have a criminal record, this means providing proof that you have completed your sentence and have remained a law-abiding citizen in the years since.
There is a fee for processing the application, whether it is done at the consulate level or at the border, which must be paid before the temporary resident permit is issued. The TRP will be valid for the length of your trip to Canada or up to a maximum of three years.
What are the common reasons for people to be denied entry to Canada?
Criminality: Some of the crimes preventing individuals from entering Canada include animal cruelty, break and enter, bribery, burglary, child abuse, credit card fraud, domestic violence, drug possession, drug manufacturing and cultivation, drug distribution, drug trafficking, driving under the influence (DUI), driving while intoxicated (DWI), embezzlement, espionage, extortion, failure to appear, false imprisonment, forgery, fraud, harassment, human rights violations, identity theft, insurance fraud, kidnapping, manslaughter, money laundering, murder, rape (sexual assault), robbery, selling alcohol to a minor, shoplifting, solicitation, tax fraud, terrorism, theft, trespassing.
Medical inadmissibility: You have a health condition that will be a danger to public health or safety or may create an excessive demand on the Canadian health care system. For example, you have active tuberculosis or active syphilis, or you’ve been in close contact with others with an infectious disease.
Previous Refusal: You have been refused entry into Canada or any other country in the past. Your immigration history can be scrutinized by Canadian border officers to determine whether you are likely to overstay your welcome or otherwise refuse to comply with Canadian immigration law.
Lack of Documentation: If you do not have a valid passport or are attempting to study or work in Canada without the correct permit. If you are from a non-visa-exempt country, you are required to have a valid visitor visa to enter Canada.
If you or your family have been turned away from Canada for any of these reasons or are worried about the possibility of being refused entry to Canada at the Canadian Border due to a criminal record, contact the Law Office of Kristina Archer to find out more about how I can help.
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