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The key factors for Temporary Resident Permits & Criminal Rehabilitation Cases

TRP & Criminal Rehab

In the event where an individual wishes to enter Canada on a temporary basis and he or she is not from a Visa Exempt country, they need apply for a Temporary Resident Visa.

Entering Canada with a Criminal History?

However, in an event where an individual wishes to enter Canada temporarily but has a criminal history, they are required to apply for a Temporary Resident Permit (TRP). In this situation, that individual has to provide sufficient evidence to the officer reviewing their case to prove three important aspects:

  1. ​He or she​ will be entering Canada for a specific reason (for example, a work commitment)
  2. He or she will be entering Canada on a very temporary basis and will exit as soon as their commitment is completed (i.e. they will not overstay their projected exit date)
  3. He or she is not a threat to Canadian society.

How are TRP Applications assessed?

In assessing a TRP application, the following are some factors officers will consider when making a decision on an application:

  • the crime in question did not involve physical harm
  • Whether or not the crime resulted in a suspended sentence or probation
  • the crime in question did not involve damage to property
  • the individual has been fulfilling the conditions while on probation, if applicable

As the name indicates, a TRP only allows an individual to enter Canada temporally. If he or she wishes to enter Canada freely without their past criminality holding them back, they need to apply for a Criminal Rehabilitation five (5) years after they have completed their sentence associated with their crime for summary convictions, or 10 years post their completion of their sentence for an indictable conviction. The main aspect of a Criminal Rehabilitation application is to prove to the immigration officer processing the matter that the individual is not a threat to the Canadian society and will not cause harm.

What about Criminal Rehabilitation Applications?

In assessing a Criminal Rehabilitation application, some of the factors of rehabilitation an officer might look at are:

  • the seriousness of the offence
  • evidence of reform or rehabilitation
  • if there is a pattern of criminal behaviour
  • if all sentences have been completed, fines paid or restitution made
  • if there are any outstanding criminal charges
  • time elapsed since the offence occurred

As indicated, the factors required to prove the innocence of an individual in both a TRP and Criminal rehabilitation application involve sufficient evidence and details associated with the fact that the individual has indeed been fully rehabilitated, is regretful of their past offense, and are not going to reoffend.

Some helpful Tips for entry to Canada

Some of the important points to keep in mind in these sorts of applications are that the onus lies with the individual to demonstrate that they will not reoffend, will not get involved in any further criminal activity, and are not a risk to the Canadian society.

As mentioned above, the factors indicated above are just some of the points officers consider when evaluating a TRP or Criminal Rehabilitation application. There are additional factors that officers will look at in their evaluation. If your criminal past is one with more than two (2) convictions or the convictions that exist are serious in nature, you will need to hire a lawyer to work on your application.

Do you have a criminal record and need to enter Canada?

Contact us for help with your TRP and Criminal Rehabilitation case.  Complete a free online assessment here and get the help you need!

Subuhi Siddiqui
Subuhi Siddiqui is the Lead Canadian Immigration Lawyer at Niren & Associates. She has worked on all types of immigration application, and regularly attends the IAD and Federal Court to represent her clients. She currently heads the Permanent Residence Department at the firm.

Read More About Subuhi 

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

18 thoughts on “The key factors for Temporary Resident Permits & Criminal Rehabilitation Cases

  1. Jose G Navarro

    Good morning,
    My name is Jose G Navarro
    I would like to have more información in how to get a visa or permanent permite to work in canada
    Thanks!

    Reply
    1. Muga Rajbhandari

      Hello Jose. Thank you for writing to us. There are several immigration paths that you might be able to qualify for. In order to assess your eligibility, we will need to know more about your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  2. Charlie

    I entered in Toronto in 1998 and claimed a refugee status and was ordered to proceed to An IJ to decide, but left my claim as abandoned and fled to USA, in 2011 I withdrew that case successfully,
    How could this be possible to enter as skilled worker or as a refugee from Mexico ?

    Thank you

    Reply
    1. Muga Rajbhandari

      Hello Charlie. Your case is not simple. Your previous immigration issues will be a factor in all your future immigration plans. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  3. Gj2011

    Hello, I want to ask, 5 years ago I was in Australia on student visa and when I came back to India after finished the study my roommate transferred his 7 traffic tickets on my driving license which he didn’t paid till now. Now I checked online on government website of driving license http://www.fines.sa.gov.au where It was showing warrant/arrest order on my license details.I want to ask if I apply pr to canada it will effect on my visa application? Plz guide me. Thanks

    Reply
    1. Vahe Mirzoyan

      Hello. Any outstanding arrest warrants may affect your admissibility into Canada. I would suggest that you take care of the traffic tickets before you apply for your visa.
      Regards, Vahe

      Reply
  4. José Dagoberto Lopez

    Hi there this is Jose Lopez I had a criminal conviction in 1997 an aggravated felony it’s been 19 years sinse that happened I was deported to México in 1997 form USA I reentered in 2000, 14 years later I was found by ICE and deported back to México for the second time , my felony was reduced to a simple felony from an aggravated felony I was deported any way even though I have no other convictions.
    Is there any way to enter Canadá with a TRP rehabilitación application to work I have 25 years experience on construction comercial building, metal stud framing and drywall .
    Be honest with me, Let me know what my chances are for me to enter Canadá to work?

    Reply
    1. Vahe Mirzoyan

      Hello Jose. Thank you for writing to us. We would have to look at all the details of your situation in order to best advise you on the strategy to take, but from what you have written, you should be able to get a TRP, and apply for Criminal Rehabilitation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you after getting all your information. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  5. Saifur

    Hello, I have come in Canada on TRV. Then I got work permit. I accompany with my wife who is a student of a waterloo university. But on May 2017 my passport and visa will be expired. After renewing passport what can i do? reapply for TRV or Work permit extension or both? Which one will be perfect for me? Thank you.
    Regards
    Saifur

    Reply
    1. Vahe Mirzoyan

      Hello Saifur. You will need to obtain a new work visa after you receive your new passport. Your current work visa cannot be extended to your new passport. If you wish to travel in and out of Canada, you will also need to apply for a new TRV.
      Regards, Vahe

      Reply
  6. Ban

    Dear sir/Madam

    Kindly provide us your direct email, I would like to have your consultation and legal services for my wife’s study visa related issues.

    Regards

    Reply
    1. Vahe Mirzoyan

      Hello Ban. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  7. Jun Pams

    hi sir good day,
    i would like to ask a question hoping it could not affect my application for
    permanent residency here. When i applied a working visa here i only submitted my high school
    diploma because on that time i thought that some of my other college diploma were lost so i decided to submit only my high school diploma. And now im applying for permanent resident and i
    decided to submit my college diploma which i did not do before because i thought it was lost. Is this can affect my application? Hope to hear you soon as possible and thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Jun. This should not have an effect on your Permanent Residency application.
      Regards, Vahe

      Reply
  8. Deepti Turakhia

    Hi,
    My FSW got refused in 2015, the letter states the officer is not satisfied with the duties performed.
    Now I would like to visit Canada. Does my FSW refusal affect my Visit visa?

    Reply
    1. Vahe Mirzoyan

      Hello Deepti. Every refusal and border denial stays on your permanent record and needs to be addressed. A visitor visa is one of the most difficult to obtain because the reviewing officer needs to make 100% certain that you will return home after your visit. Many people who attempt to apply on their own, face problems. If you need help with your applications to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  9. Jais

    Hello,
    I applied as a skilled worker in Manitoba in July 2014.my father’s sister is living in Toronto from 10 years and while applied for mpnp we didn’t mentioned my aunt in documents.could u tell us,if we didn’t mentioned our relatives in another province it could create any problem?
    Immigration could find our relations? Thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Jais. Whenever you submit an immigration application you must be 100% truthful. When Canadian immigration reviews a file they are very thorough.
      Regards, Vahe

      Reply

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