If you have any kind of criminal record, visiting or immigrating to Canada becomes a bit more complicated. Even if you have only been convicted of what is regarded as relatively minor crimes, or those crimes took place many years ago, you still run the risk of being deemed criminally inadmissible when you attempt to cross the border. This could result in you being turned back or deported, as well as being subject to an exclusion period.
A Temporary Resident Permit (TRP) is one viable way to overcome this obstacle, and it is usually applied for in advance through your nearest Canadian consulate. There is, however, also the option to apply for one directly when you are attempting to enter Canada, whether that be via air, land, or sea.
While applying at the border like this is possible, it’s important to note that this approach can carry additional risks and requires careful preparation in order to ensure you have the best possible chance of having your TRP application approved by the Canada Border Services Agency (CBSA).
What is a TRP?
A Temporary Resident Permit is an authorization that allows individuals who would otherwise be inadmissible to Canada to enter into and remain in Canada for a specific period of time.
They are only valid for these set periods, which can range from a single day to multiple years, and can be issued for single or multiple entries into Canada. You usually need a compelling reason to justify your need to enter Canada to be granted a TRP – this could be to attend a work conference or to attend a family wedding, for example.
If you are granted a TRP, you must leave Canada as soon as the specified period comes to an end. Once it has expired, you will once again become criminally inadmissible until you are either granted another TRP or pursue a more permanent solution such as Criminal Rehabilitation.
Documents Needed at The Border
There is a wide range of documents that could be useful to support your TRP application at the border. This includes but is not limited to:
- Identification Documents:
- Passport
- Birth certificate
- Criminal Records:
- Original court documents for each conviction
- Police reports
- Proof of completed sentences, probation, and paid fines
- Certificates of completing rehabilitation programs
- Purpose of Travel Proof:
- Letters of invitation, business meeting confirmations
- Wedding or family event invitations/itineraries
- Other Supporting Documents:
- Verification of employment
- Character references
- Bank statements showing the ability to support yourself financially
- Return travel arrangements
What Factors Affect Your Chance of Success?
When applying directly at the border, the final decision on whether to grant you a Temporary Resident Permit is down to the border services officer who processes your case on the day. They are empowered to decide based on their own judgment, and their decision will be final, with no option to immediately appeal.
Border Services Officers will weigh up your reason for wanting to enter Canada against the potential risk you could pose to Canadian society if you were to engage in further criminality. They will take a number of factors into account when making this assessment, including:
- Nature of the Offenses – How many convictions you have on your criminal record, the severity of the crimes, the surrounding circumstances, and how much time has passed since.
- Evidence of Rehabilitation – Whether you can prove that you have rehabilitated yourself and, therefore, do not present a risk of further offending. This could mean completing rehab programs, having a stable housing and employment situation, and/or having good character references.
- Reason to Visit Canada – A compelling reason to visit Canada such as to attend a business conference or a family wedding, for example.
All of these factors will be taken into consideration when you apply for a TRP at the border. You must, therefore, ensure you are adequately prepared by having all of the documentation that might be needed ready to hand.
To maximize your chances of being granted a Temporary Resident Permit, you should make sure you are completely open and honest about your previous criminal history. If you are found to have engaged in misrepresentation, it is almost certain your Temporary Resident Permit application will be denied, and you could be subject to an even greater exclusion period as a result.
Applying at Different Ports of Entry
When it comes to deciding between different Ports of Entry, there are a few options available to you. Arriving at an international airport will usually mean running into border agents with more experience in the TRP application process. This could mean shorter average processing times and access to more senior immigration officials who could feel more confident about the conditions under which they should grant entry to Canada.
On the other hand, if your application is not successful when arriving by air, you could face deportation and be forced onto a removal flight back to your destination. This could carry more significant implications for your future travel plans.
Arriving at a land border has the advantage of being able to avoid this, as you can more easily just drive back to where you came from, but processing times could be longer.
Temporary Resident Permit Costs
The application fee for Temporary Resident Permits is the same whether you do it at the Canadian border or through a Canadian consulate – $200 CAD.
Applying for a TRP in Advance
There are a number of advantages that come with applying for your Temporary Resident Permit in advance rather than at the border on the day that you travel. The most obvious is reduced uncertainty and financial risk.
This is because when you apply at the border, you will have already spent a significant amount of time and money to get to that point, and you could still very easily be turned right back. In contrast, applying in advance and receiving a positive outcome before your arrival means you can be pretty certain you won’t be denied entry.
Another significant advantage is that applying in advance allows the Canadian government to conduct a more thorough and measured evaluation of your particular circumstances. Consular officers can take more time to carefully review all of your documents, and can even request additional documentation or ask follow-up questions in a way that is not usually possible at the border.
Also, don’t forget that if you arrive at a Canadian port with a pre-approved TRP, you will be able to proceed past Canadian border authorities much more quickly and not have to wait around for your case to be processed and decided on, which can take many hours.
Criminal Rehabilitation – A Permanent Solution
Another route to overcoming criminal inadmissibility in Canada is to apply for what is known as criminal rehabilitation. It’s a more comprehensive process that, if granted, can permanently resolve your inadmissibility issues as long as you do not pick up another criminal conviction.
To be eligible to apply, Canadian law states you must have completed all sentences and probation requirements for your crimes at least five years ago. You should bear in mind that processing times for these applications are usually much longer than when you apply for a TRP, though, ranging anywhere from 6 to 18 months on average.
How Dogen Law Can Help
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist with applications for Temporary Resident Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
