The key factors for Temporary Resident Permits & Criminal Rehabilitation Cases
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:
- He or she will be entering Canada for a specific reason (for example, a work commitment)
- 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)
- 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 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.
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