Overview
The Canadian government offers several potential solutions to resolve criminal inadmissibility issues.
There are situations where someone who has been denied entry into Canada by border officials are allowed to withdraw their application for admission until they can gather the necessary documentation and information to aid their case for entering Canada.
Being deemed inadmissible to Canada can be a costly and stressful experience, especially if you were refused entry unexpectedly. In order to make entering Canada a possibility in the future, explore the following options:
Temporary Resident Permit (TRP) Applications
A temporary resident permit may be issued to individuals who would otherwise be inadmissible to Canada because of a criminal record, permitting them to enter or stay in the country for a specific amount of time.
Those who have been denied entry into Canada and who are not yet eligible for criminal rehabilitation must have a valid TRP in order to enter Canada. A TRP grants legal entry into Canada for a certain period and can be applied for at any point after committing or being convicted of a crime.
Unlike criminal rehabilitation (see below), a TRP is not subject to a certain time frame in relation to the completion of the sentence, meaning that an individual can be granted a TRP while still serving a portion of his or her sentence, in certain circ*mstances. An example might be someone who is currently on probation or has not yet fully paid a fine.
For individuals who have been convicted for serious offences, such as felonies, the odds of obtaining a TRP can be significantly less, especially while serving a sentence.
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Applying for a TRP
After you or your immigration lawyer have compiled all the required immigration documents to complete a Canadian TRP application, you must then submit it to the Canadian government for consideration. It would be wise to provide your lawyer with all of the documentation of your previous failed attempt(s) to enter Canada.
If you are an American citizen or have permanent resident status in the United States, you can submit your TRP application at a Canadian consulate or at a port of entry to Canada (land, sea or air).
Canadian Consulate Applications
To apply for a temporary resident permit, you will need to submit an application with supporting documents explaining the reason for your criminal inadmissibility and why your entry into Canada may be justified.
In some cases, people get criminal records in their home countries as a result of the human or international rights violations, such as a summary conviction on spurious charges. For such cases, immigration officials will take these factors into account.
In the event a serious crime appears on record, you may be required to supply additional information to satisfy the Canadian government.
Processing times for consulate applications are significantly longer than port of entry applications, however, the process involved takes the uncertainty out of crossing the border because applicants will know whether they are inadmissible or not long before reaching Canadian soil.
Port of Entry Applications
Applications for a temporary resident permit at a port of entry are available to foreign nationals with criminal inadmissibility issues who arrive after having made last-minute travel plans. Port of entry applications are processed immediately.
A Canadian immigration officer will consider the inadmissible person's need to enter Canada against the health and security risks to the Canadian population. Applicants must be able to demonstrate that their entry into Canada is justified.
The primary advantage of applying in this manner is the speed with which a person can acquire a TRP, which may be granted in a matter of minutes, however, nothing is guaranteed. Applicants may still be denied entry. If denied, you will not be allowed to enter Canada until you have received an approval from a Canadian consulate.
If you are a citizen of a visa-exempt country, you will need to apply for a temporary resident permit based on the guidelines set out by your specific country, as the application form may be different.
Government Application Fee
A fee of $229.77 CAD applies for each temporary resident permit application submitted.
