Individuals with a past criminal record, even something minor, may be considered inadmissible to Canada. That is because under Canadian law, an offense that happens outside of Canada, makes you inadmissible, if it is a crime in Canada. This can be an obstacle for those seeking to visit Canada, even for a short trip or vacation. There are legal pathways available to overcome inadmissibility: Rehabilitation and Temporary Resident Permits (often referred to as a TRP) are the most viable options. Here’s a comprehensive look at how these applications work.
Rehabilitation
Rehabilitation is a permanent solution for overcoming criminal inadmissibility. It is available to individuals who are inadmissible but more than 5 years has passed since the completion of their sentence. Rehabilitation essentially wipes the slate clean, acknowledging that the individual has been reformed and is no longer a risk.
Eligibility for Rehabilitation
- Five-Year Waiting Period: To be eligible for rehabilitation, at least five years must have passed since the completion of the sentence for the conviction.
- Evidence of Rehabilitation: Applicants must demonstrate that they have been rehabilitated. This involves providing evidence of stable employment, community involvement, and the absence of any further criminal activity.
Application Process:
- Prepare an Application: The application must include your completed application form, background checks to show you have not committed any other offenses, court documents to show what your sentence was, proof of completion of your sentence, and evidence that your life has changed since your last offense.
- Submit an Application: The application for rehabilitation must be submitted to the Canadian Consulate in your home country, along with the required fee and supporting documents.
- Review and Decision: The process can take a year or more in some cases. The consulate will review the application, considering factors such as the nature of the crime, the applicant’s behavior since the conviction, and the risk of reoffending. They will weigh the severity of your offense against the factors that demonstrate you are rehabilitated.
Successful rehabilitation removes the criminal inadmissibility permanently (as long as you don’t reoffend), allowing the individual to enter Canada. There is no need to renew a determination of rehabilitation.
Temporary Resident Permits (TRP)
For those who are not yet eligible for rehabilitation or who need to enter Canada urgently and cannot wait a year or more for a decision, a Temporary Resident Permit (TRP) is a viable alternative. A TRP allows an inadmissible person to enter Canada for a specific purpose and duration.
Eligibility for TRP:
- Compelling Reason: The applicant must provide a compelling reason for their entry or stay in Canada. This could be an economic reason like work, or a humanitarian reason like family reunification. Vacation and recreational visits are not typically considered compelling reasons.
- Risk Assessment: The immigration officer will weigh the severity of the offenses versus the benefits and compelling nature of their travel.
Application Process:
- Prepare an application: The application needs to include a completed form, a background check, court records, proof of the completion of your sentence, and evidence of your compelling need to go to Canada.
- Submit an Application: The application for a TRP can be submitted either at a Canadian port of entry or at the Canadian consulate in your home country. It must include the reason for the request and supporting documentation.
- Review and Decision: The decision to issue a TRP is discretionary. The processing time can vary, but in urgent cases, it can be expedited.
A TRP is temporary and can be issued for a few days to several years, depending on the circumstances. It can be renewed, but it does not remove the underlying inadmissibility. The individual will need to address the inadmissibility through rehabilitation or other means for a permanent solution.
Conclusion
Navigating the complexities of Canadian immigration law when facing inadmissibility can be challenging. Rehabilitation and Temporary Resident Permits offer viable pathways to overcome these hurdles. Rehabilitation provides a permanent solution for those who have demonstrated reform, while TRPs offer a temporary but essential lifeline for those needing immediate entry. Consulting with an experienced immigration lawyer can significantly enhance the chances of a successful application, ensuring that the process is handled efficiently and effectively.
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If you have questions regarding inadmissibility, rehabilitation or Temporary Resident Permits (TRP) , We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
