A person who is inadmissible to Canada due to a DUI or criminal record may require a Temporary Resident Permit (TRP) to enter. TRP qualifications are based mainly on the discretion of the reviewing officer. However, there are some important factors they may take into consideration.There are two ways to apply for a TRP:
- Apply at the Port of Entry
- Apply through the consulate
The requirements for applying at the port of entry will be stricter because the officer will have less time to review your application. An example of a Port of Entry is a border crossing or airport.
TRP qualifications and eligibility
As the name implies, a TRP is only intended for temporary stays in Canada. You are eligible to apply if it has been less than five years since you completed your sentence and you have not received “Rehabilitation.”
Rehabilitation is an application to permanently resolve inadmissibility to Canada. If you have applied for multiple TRPs and are eligible to apply for Rehabilitation, the officer could tell you to make a Rehabilitation application instead. Many people will apply for both a TRP and Criminal Rehabilitation application at the same time. This allows them to take their planned trip in the short-term and overcome their inadmissibility in the long-term.
Having submitted a Criminal Rehabilitation application may improve your chances of getting a TRP as it demonstrates that you are taking action to resolve your inadmissibility.
A TRP will take less time to get than Rehabilitation. However, Rehabilitation is far more convenient and, once approved, you don’t need a special reason to visit Canada in order to cross the border as you would with a TRP.
Reason for travel
In order to be qualified to visit Canada, you may have to demonstrate that you have a valid reason for travel. Some reasons you may need a TRP include:
- A business meeting
- A conference
- A family gathering
- A vacation
- A hunting or fishing trip
- A medical treatment
- A temporary work position
- A course of study
- A layover on the way to somewhere else
If you are planning to study or work in Canada, you would need both a TRP and study or work permit. Your TRP must be valid for at least six months.
If you are planning on coming for a vacation or a non-emergency family reason, you might want to apply for your TRP through the Canadian consulate. Applying at the border is faster, but it has a high refusal rate.
Economic and humanitarian reasons might be compelling enough to allow you to get through at the border, but remember that it is entirely up to the officer reviewing your file.
Seriousness of the criminal record
In order to visit Canada with a DUI or criminal record, you need to prove that your reason for travel outweighs the potential risk to the Canadian public. In order to determine this, officials will consider your reason for travel as discussed as well as:
- The seriousness or number of offences
- The length of time that has passed
- Examples of particularly serious records could include violent incidents or incidents related to narcotics.
- Evidence of rehabilitation
As a TRP is generally issued in the five years since the sentence was completed, you will want to do everything possible to encourage the officials to see you as a non-threatening person who has learned from past mistakes. You might provide:
- Examples of volunteer work
- Rehabilitative programs you have taken
- Evidence of steady employment
- Enrollment or completion of degree, diploma or certificate courses
- Letters of reference
Past compliance
If you have overstayed a previous permit, or otherwise have not adhered to the laws in Canada, it could affect your ability to get a TRP in the future.
The application
When you submit your application, it will be reviewed to ensure that it is full and complete. If you are missing information or have not enclosed the $200 fee it could cause delays or it could be returned to you.
AllCleared guarantees that your application will be accepted for processing.
If you would like to find out if you meet the TRP qualifications or requirements for a Criminal Rehabilitation application, contact AllCleared today for a free consultation at 1-866-972-7366.
