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 and Criminal Rehabilitation is the length of validity. Rehabilitation is permanent, whereas a TRP is issued for a set time. However, there are additional distinctions that will affect which application you choose.
One difference between TRP 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 Rehabilitation, 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 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 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 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 rehabilitation. 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 inadmissibility. If you continue to apply for TRPs, you could be denied if you don’t attempt to apply for rehabilitation.
Another difference between TRP and Criminal Rehabilitation is how long it takes to get approved. A Criminal Rehabilitation application can take up to 18 months. A TRP 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 and criminal rehabilitation at the same time. This allows them to get into Canada for their intended visit and overcome inadmissibility 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 Rehabilitation.
A border application has a high refusal rate. If you have the time, it is better to apply for a TRP through the Consulate.
Types of applications
While the Criminal Rehabilitation application only applies to people who are inadmissible due to criminal activity, the TRP can also be used for medical inadmissibility or inadmissibility due to a prior 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 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 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.
Are you eligible?
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.