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.
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.
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. 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.
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.
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.
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. We can advise you on the best application for your situation and help you get started.
To find out more about your eligibility to enter Canada with a DUI or other criminal record, download our free checklist. By downloading this resource, you are subscribing to our newsletter. You can unsubscribe at any time.