Applying For TRP
If you have been deemed criminally inadmissible to Canada and find yourself needing to travel into the country, there are options for being allowed entry. One of the most common avenues exists in the form of a Temporary Resident Permit application. TRPs are a short-term solution that allows individuals to enter for a specific reason and specific amount of time, granted they meet the requirements, which will be set out below.
Important Components of a TRP: What to Keep in Mind
When applying for a Canadian Temporary Resident Permit, there are many considerations to take into account and your strategy can either hinder or help your chances of success. Specifically, the validity of the reason for travel and the unique circumstances of your criminal inadmissibility affect both the probability of a granted entry, and the application process.
Border and immigration agents tend to favor applications for those whose reasoning for travelling to Canada benefits Canadian society. Therefore, it is essential to provide a detailed explanation of the benefits of your presence to Canada, in the TRP application, despite the risks of your criminal inadmissibility. For example, reasons relating to business or work related travel, or important occasions such as weddings, are favourable. A good rule of thumb is to consider if your travel to Canada will benefit the Canadian economy, or benefit a Canadian citizen(s). Conversely, typically, an application for a TRP citing leisure as the purpose for travel will not be approved. Exceptions do happen, though, and are usually given to those that are taking family vacations with elderly parents, or small children. It is important to note that border agents have full discretion in permitting or denying entry, so though applications with certain reasons have been accepted before; it does not necessarily mean they will be accepted again. A good way to combat such uncertainty is to make sure you have a properly assembled and comprehensive Temporary Resident Permit—which is no easy task, especially as we consider some other aspects of the process.
The type and number of offences on your criminal record matter while attempting to receive an approval for your TRP. The severity of the crime and the nature are considered. DUI’s are a frequent issue that needs a TRP for admission to Canada, yet are often approved as DUIs are typically non-violent in nature. Border agents will consider if there are patterns of past criminal behavior, evidence of reformation and rehabilitation, whether or not the crime was violent or damaging to property, whether there is a serious threat posed to Canadians, or if there are any outstanding fines to pay or pending criminal charges. Those with few, non-serious offences that do not involve weapons, drugs, or sex will have the highest likelihood of getting their TRP granted.
Duration and Multiple Entries: The Time Frame of the TRP
The maximum amount of time a TRP can be granted for is 3 years, though most TRPs vary greatly and upon circumstance when it comes to their time frame of validity. When travelling for special occasions such as weddings or events, a Canadian Temporary Resident Permit will have a more limited date of validity. Some travel, especially that for work or extended projects, can be granted for long periods of time, even months and years.
Another crucial consideration when thinking about what kind of TRP would be most beneficial is whether or not single entry or multiple entry is required in the circumstances. A single entry TRP will allow you to enter Canada once, and will expire after your departure. Multiple entry TRPs, however, can allow you to come in and out of Canada as many times as necessary over an allocated time span. Those that need to travel with regular frequency for work, such as flight attendants or pilots, are the most likely to get a multiple entry TRP granted. Bear in mind—TRPs are only for entering and staying in Canada, if you need to work or study in the meanwhile, additional permits will be required.
Applying for Your Temporary Resident Permit in Canada
You can apply for a TRP at a Canadian consulate, visa office, or port of entry. Consulate applications can have processing times that extend from four to six months, while port of entry applications are denied or granted on the spot. This makes port of entry applications much riskier, yet efficient. When you have compiled your thorough Temporary Resident Permit application, an international airport is a good next step, as the immigration officers there are experienced, knowledgeable, and well trained to cater to these situations.
Until an individual with a criminal past is considered rehabilitated, they must keep applying for TRPs when entering Canada. Those that have the need to frequently return to Canada can also look into Criminal Rehabilitation, which removes the inadmissibility through another application process that can take 9-12 months, but is permanent.
I Need to Apply For a TRP: But Why Do I Need A Law Firm?
Though you can find some basic information about TRPs on the Canadian Immigration website, the ins and out of the TRP: what is useful to include, how to navigate difficult legal text and requirements, and how to create an application most likely to succeed, are all exclusively found by retaining a Canadian immigration lawyer. Further, the application process is complex and regulations unforgiving. Canadian immigration law is very strict, and applications have a higher rate of refusal when they are not put together properly and expertly or when they are incomplete. A law firm can save you the stress of being buried in complicated paperwork and ease your mind by helping you put together the best application possible that will put you on the fast track to getting into Canada.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.