Temporary Resident Permit (TRP)

Were you denied entry to Canada?

Do you have a criminal record?

If yes, you may need a Temporary Resident Permit, or TRP for short.

In Canadian immigration law, certain types of people are considered “inadmissible” to Canada.  People with some medical conditions or with a criminal record, even a simple driving under influence (DUI), are considered inadmissible and may be stopped at the port of entry when they try to cross the border.

To overcome inadmissibility, you may need to apply for a TRP.  It is issued by Citizenship and Immigration Canada(CIC) and allows you to enter Canada as a visitor, worker or student even if you are considered inadmissible.  A TRP may also be issued to people applying for Canadian permanent residence who are inadmissible due to criminal records or certain medical problems.

Usually applications for a TRP should be submitted to a visa office at your country or region.  People from eTA-required countries can contact their local visa office to see what they need to submit for this specific application.  For those from visa-required countries, things might be more complex.  They need to send an application for temporary resident visa and explain the reason for their inadmissibility and justification to enter Canada. They may also need an interview with an officer.

The sad thing about applying for a TRP is that the result is never guaranteed.  Once granted, the length of the TRP is just the same as the length of your visit.  You must leave Canada or get a new permit before your TRP expires.  If you choose to leave, most probably you will not come back to Canada again with the same TRP.  Last but not least, please remember your TRP may be cancelled at any time by a visa officer.

Criminal Rehabilitation

In order to overcome inadmissibility to Canada, TRP is just one choice.  Criminal rehabilitation is an alternative for people who are criminally inadmissible.  There are two types of rehabilitation: deemed rehabilitation and individual rehabilitation.

Deemed rehabilitation

Deemed rehabilitation is defined based on the severity of the crime.  It is applicable to people who committed a crime outside Canada that has 10 years or less sentence term if committed in Canada.  However, the number of crimes you have committed and the time elapsed since the end of the sentence are also important factors.  A minor crime that you were convicted long time ago may not stop you from coming to Canada.

Individual rehabilitation

For people that cannot be deemed rehabilitation, you have to apply for individual rehabilitation.  This simply means that it is now more than 5 years from the end of your sentence or probation, or the day you committed the offense.  Now it is very unlikely that you commit another crime.  Due to the complexity of the application, one should always consult with a qualified Canadian immigration lawyer to determine whether a criminal rehabilitation can be made and how to be made.

Since an application for the TRP or criminal rehabilitation requires specialized knowledge and often involves other areas of law like criminal law, applicants should seriously consider seeking professional help to prepare and follow through their applications.

 

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