If you are criminally inadmissible to Canada due to a DUI, a Temporary Residence Permit may be your only chance to travel to the country. While there is no guarantee you will be approved for a TRP, an experienced immigration lawyer can give you an idea of how good your chances are.
A Temporary Residence Permit (TRP) allows a person who would otherwise be inadmissible to Canada to visit the country. The TRP is granted if the visitor can demonstrate that their trip will benefit the citizens of Canada. In order to prove this, the TRP applicant must submit detailed travel plans as well as proof of financial support and accommodations in Canada.
There are a number of different reasons for which a TRP can be granted, including criminal Rehabilitation, professional qualifications, and family relationships. Generally, it is best to apply for a TRP prior to travelling to Canada, as it can take up to two months for the application to be processed.
A TRP will allow a person to enter Canada for up to three years, usually issued by a Canadian visa office abroad. It is important to remember that visa officers have complete discretion when determining whether or not a person should be admitted to Canada, so it is best to work with a TRP lawyer to help improve the strength of your case.
Temporary Residence Permit Eligibility
A Temporary Residence Permit can be granted for as little as one day (single entry) or for three years (multiple entries). It depends on the strength of a person’s application and their reason for entering Canada. It is more likely to be granted if the officer feels the person will pose no danger or risk to Canadian society and if there is sufficient proof that they will not become reliant on social services. Documentation such as medical records, letters of support, and evidence of a lack of recent criminal activity are useful in making an application more compelling.
People who need a TRP for travel to a business investment program or other short-term stay may have a better chance of success if they present their application at an airport. This is because the person will not be forced to disclose their DUI in front of co-workers and their boss. However, it is important to remember that a TRP is not a permanent solution; in order to become a permanent resident of Canada, the person must permanently overcome their criminal inadmissibility with Rehabilitation.
How to Get Temporary Residence Permit?
Getting a Temporary Residence Permit (TRP) allows a person to overcome criminal inadmissibility at the Canadian border for a finite period. It is much more difficult to get a TRP than either Deemed Rehabilitation or Canada Criminal Rehabilitation and requires compelling evidence that the benefits of entering and staying in Canada outweigh any potential health and safety risks to the people of Canada. It is important to seek a TRP before your travel date to ensure it will work for your specific circumstances.
A TRP is typically obtained by requesting an interview with a CBSA (Canadian Border Services Agency) border officer at the port of entry. Applicants are expected to have a strong case and be prepared to answer questions about the criminal conviction. If you are successful, your application will be sent to IRCC, and the TRP will be processed at that time. Depending on your situation, you may be able to receive the TRP very quickly at the border if CBSA is not busy and an IRCC staff member is available.
Apply for Temporary Residence Permit
If an American is inadmissible to enter Canada due to a criminal record such as a DUI, they will need a Canada Temporary Residence Permit in order to legally cross the border. If someone has a serious misdemeanor or felony conviction in their past and is looking to visit Canada, they should seek the assistance of an immigration attorney for preparing their TRP application.
The granting of a Canada TRP depends on the officer who reviews the application and whether or not they believe that the risk to the public is outweighed by the benefits of allowing the person entry into the country. The Canadian equivalency of USA offences can be challenging to determine, and a skilled lawyer can prepare an application for a TRP tailored specifically to each case.
Some people may be able to use a TRP to get into Canada in order to reunite with a family member, work on scientific research, or complete an official government mission. Others may be able to use it to invest in the economy, revitalize sparsely populated regions or create jobs.
TRP Expiration
A Temporary Residence Permit (TRP) is a document that allows USA citizens or residents to overcome their criminal inadmissibility to Canada and enter the country. It can be filed in advance through a Canadian visa office or at the port of entry, given emergency circumstances. The success rate of a TRP at the POE is usually lower than filing in advance. The reason is that people presenting their TRP package at the border must communicate a compelling narrative explaining why they must travel to Canada and convince the adjudicator that their needs outweigh any potential security or public safety risks to the country.
Depending on the circumstances, a TRP can last up to three years. Although it’s a short-term solution, being approved for a TRP can significantly lessen the chances of being sent back to the United States by Canadian border officials at the Port of Entry. Moreover, having a successful TRP experience can help with the process of applying for permanent Rehabilitation to overcome inadmissibility. Fortunately, Canadim’s TRP lawyers have extensive experience assisting individuals with TRP applications and can significantly improve an individual’s chances of success.