Updated August 12, 2021
If you have a DUI or other type of criminal record, you will need a Temporary Resident Permit or Criminal Rehabilitation to enter Canada. The biggest difference between TRP (Temporary Resident Permit) and Criminal Rehabilitation is the length of validity. Rehabilitation is permanent, whereas a TRP (Temporary Resident Permit) is issued for a set time. However, there are additional distinctions that will affect which application you choose. If you intend to visit Canada, you must meet all of the standards set forth in Canadian immigration law prior to being admitted. Foreign nationals with a criminal conviction (including a misdemeanour DUI or DWI) may be ineligible to Canada and denied entrance unless the Government of Canada grants them special authorization to enter.
The TRP is always issued at the delegated authority's discretion and may be revoked at any moment. The designated authority assesses whether the individual's reason for entering Canada is compatible with Canada's social, humanitarian, and economic commitments to Canadians' health and security, in accordance with the IRPA's objectives. Additionally, an officer may take into account if the foreign national's presence in Canada is necessary and outweighs any harm to Canadians or Canadian society.
Waiting period
One difference between TRP (Temporary Resident Permit) and Criminal Rehabilitation is the waiting period. If you have completed your sentence you can apply for a Temporary Resident Permit at any time. The recentness of your conviction might affect your ability to be approved, but there is no official waiting period before you can apply.
On the other hand, in order to apply for Criminal Inadmissibility, you must wait five years from the end of your sentence. A sentence can include things like fine payments and probation.
Factors affecting evaluation
When an officer considers a TRP, the following is a non-exhaustive list of considerations that the officer may assess:
- History — Is there a trend of noncompliance [A41] with the IRPA or IRPR in the past? Is the infringement unintentional and incidental, or is it the consequence of flagrant contempt for the law?
- Credibility — During an interview, one's credibility may be evaluated. Collecting information (including interviews) to ascertain when an interview is required.
- Previous Removal — Have the initial justifications for removal been overcome or diminished? Are there any remaining statutory prohibitions against the person, other than the removal order?
- Controversy — Are there parts of the case that are high-profile, difficult, or sensitive that necessitate referral or consultation with the CMB?
- Social Welfare — Is there any chance that the foreign national will require social assistance if he or she seeks to become a permanent resident?
Although not exhaustive, the following principles and instances demonstrate the extent and spirit with which the discretion to grant a TRP should be exercised:
- the cause for the individual's presence in Canada and the circumstances that necessitate their presence in Canada (for example, family ties, job qualifications, economic contribution, attendance at an event);
- the legislation's objective (for example, protecting public health or the health care system);
- the application's type or class and family structure, both in the home country and in Canada;
- the benefits to the individual and to others.
Reason for entry
A Temporary Resident Permit TRP is issued to cover a particular visit, which means you must describe why you are going to Canada and what you plan to do there. You must have a valid reason for travelling, otherwise you'll put yourself at risk for denial. The TRP (Temporary Resident Permit) will normally be issued for the duration of your intended visit up to three years. The officer reviewing the application will decide how long the TRP (Temporary Resident Permit) will be valid.
In comparison, the Criminal Rehabilitation application clears your record for the purpose of entering Canada. Once approved, you don’t need a special reason to enter and can enter as much as you want (within the rules that apply to your country.) If you keep a clean record, it is a permanent waiver of inadmissibility.
You can apply for multiple TRPs, but when you become eligible you should consider applying for criminal inadmissibility. This will eliminate issues at the border and ensure that you can continue to visit Canada. The border officials expect you to take action to overcome your inadmissible to Canada status. If you continue to apply for TRPs, you could be denied if you don't attempt to apply for rehabilitation.
Processing Time
Another difference between TRP Canada (Temporary Resident Permit in Canada) and Criminal Rehabilitation is how long it takes to get approved. A Criminal Rehabilitation application can take up to 18 months. A TRP (Temporary Resident Permit) can take up to 12 months through the consulate and two to four months at the border.
As a result, many people who are eligible will apply for a TRP (Temporary Resident Permit) and criminal rehabilitation at the same time. This allows them to get into Canada for their intended visit and overcome your inadmissible to Canada status in the long term. Many of the same documents are required for both applications, so applying for both can save you time.
Urgent application
If you need to enter Canada for an urgent reason such as an important business deal or a family emergency, you can submit your application at the port of entry instead of applying through the Consulate. There is no urgent process for Criminal Inadmissibility.
A border application has a high refusal rate. If you have the time, it is better to apply for a Temporary Resident Permit TRP through the Consulate.
Types of applications
While the Criminal Inadmissibility application only applies to people who are inadmissible to Canada due to criminal activity, the TRP (Temporary Resident Permit) can also be used for medical inadmissibility or inadmissibility due to a prior Canadian immigration infraction such as overstaying.
Deemed rehabilitation
If you completed your sentence more than 10 years ago, you may be deemed rehabilitated. This means that you can enter Canada without making a special Canadian immigration application. However, you may need to provide documents that prove when your sentence ended.
If you would like more information about applying for a TRP (Temporary Resident Permit) or Criminal Rehabilitation, contact AllCleared today at 1-866-972-7366 or check your eligibility online today. We can advise you on the best application for your situation and help you get started.
