Canada Temporary Resident Permit (TRP): Get a TRP | Free Consultation
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Have you faced arrest or conviction for a criminal offense, such as driving under the influence (DUI)? If so, you may be deemed criminally inadmissible and risk being denied entry to Canada.
A Temporary Resident Permit (TRP) could be the solution for you. This permit is specifically designed for individuals who are inadmissible to Canada, allowing them to enter the country for a limited time if they can demonstrate a valid reason for their visit.
If you are found inadmissible, you may encounter challenges when attempting to cross the border. The Millennium Immigration is here to help you navigate the process and assist in your efforts to gain entry into Canada.
Table of Contents
- What is a Temporary Resident Permit?
- Do I Need a Temporary Resident Permit (TRP)?
- Should I Apply for a TRP with a DUI?
- Why Does Canada Deny Travelers Who Have a DUI?
- Reasons for Being Inadmissible
- Who Needs to Apply for a Temporary Resident Permit?
- Applying for a Canadian Temporary Resident Permit
- Frequently Asked Questions
What is a Temporary Resident Permit?
A Temporary Resident Permit (TRP) can be granted to individuals who are otherwise inadmissible to Canada due to health or criminality concerns, allowing them to enter or remain in the country if compelling circumstances exist.
The TRP provides legal entry to Canada for a specified duration and can be applied for at any time. Unlike criminal rehabilitation, there is no specific timeframe required related to the completion of a sentence, meaning individuals may be granted a TRP even while still serving part of their sentence, under certain conditions.
TRPs can be issued for the duration of the stay in Canada, which can be up to three years, and they may be extended from within Canada.
Do I Need a Temporary Resident Permit (TRP)?
When a U.S. citizen or permanent resident is charged or convicted of a criminal offense, such as a DUI or theft, the details are entered into the FBI criminal history database. An agreement between the United States and Canada enables border agents on both sides to access these databases to screen travelers attempting to enter.
A Temporary Resident Permit (TRP) can provide a useful temporary solution for individuals who are currently criminally inadmissible to Canada. If you have been denied entry in the past, believe you may be inadmissible, or are currently ineligible to apply for criminal rehabilitation, a TRP could be a viable option for your upcoming trip. The permit can be valid for stays of up to three years, depending on the nature of your travel.
The application process can be intricate, as the Canadian government prioritizes the safety of its citizens. Applicants traveling for leisure often face denial due to insufficient justification that outweighs their inadmissibility. Therefore, it is essential to adhere to strict submission guidelines to make your application as compelling as possible.
Should I Apply for a TRP with a DUI?
The U.S. and Canadian governments share criminal history information to safeguard their citizens from potential threats. If you’re trying to enter Canada with a DUI on your record, be aware that border agents can easily access your criminal history through your passport.
Following the implementation of the Cannabis Act in 2018, DUI offenses are considered serious criminality in Canada, carrying a maximum sentence of up to 10 years. The Canadian government has heightened concerns about impaired driving, especially related to cannabis use, leading to stricter penalties for offenders.
As a result, any U.S. citizen or permanent resident with a DUI may be deemed criminally inadmissible and denied entry into Canada. To address this inadmissibility, many individuals opt to apply for a Temporary Resident Permit (TRP) to enter Canada for significant reasons. Whether you’re traveling for work, dealing with an emergency, or planning a vacation, a TRP can serve as a temporary solution to your inadmissibility issues. The permit can be valid for stays ranging from a single entry to up to three years, depending on your travel frequency and purpose. For those not yet eligible for criminal rehabilitation, a TRP can be an effective way to navigate DUI-related inadmissibility.
Why Does Canada Deny Travelers Who Have a DUI?
To ensure the safety and well-being of Canada and its citizens, travelers with past charges or convictions may be deemed criminally inadmissible. For U.S. travelers, even minor offenses, such as a driving under the influence (DUI) charge, can pose significant admissibility issues at the Canadian border.
Since 2018, DUI offenses can result in prosecution of up to 10 years in prison, classifying them as serious crimes in Canada. Criminal inadmissibility is assessed based on how a foreign criminal offense corresponds to Canadian law. Therefore, understanding how a DUI or any other criminal charge from the U.S. translates under Canadian law is crucial. Given that DUIs are now categorized as serious criminality in Canada, anyone with a past offense should be mindful and address their potential admissibility concerns before traveling.
Reasons for Being Inadmissible
The most common reasons foreign nationals are considered inadmissible to Canada include:
Having a criminal record
Being diagnosed with a contagious disease
Violating the Immigration and Refugee Protection Act (IRPA)
Being classified as a security risk
Misrepresenting information to gain entry or maintain immigration status
Failing to demonstrate the ability to financially support oneself and one’s family during their stay in Canada
Who Needs to Apply for a Temporary Resident Permit?
In the following situations, foreign nationals will need to apply for Temporary Resident Permits (TRPs) to enter Canada:
Individuals convicted of a crime outside of Canada that would be classified as an indictable offense in Canada, punishable by a sentence of less than 10 years.
Those convicted of a crime abroad that corresponds to a hybrid offense, also punishable by a sentence of less than 10 years.
Individuals with two or more convictions that would be treated as summary offenses if committed in Canada.
Additionally, offenses committed within Canada during a temporary stay, visitor visa, or work permit can lead to criminal inadmissibility, impacting one’s ability to remain as a temporary visitor or to obtain permanent residency.
Applying for a Canadian Temporary Resident Permit
After compiling all necessary documents for a Temporary Resident Permit (TRP) application, you can submit it to the Canadian government through two main options if you’re an American citizen or permanent resident:
1. Canadian Consulate Applications
Processing Time: Typically takes 3-6 months.
Advantages: Applications are reviewed by experienced immigration officers who understand the nuances of your situation, increasing the likelihood of a favorable outcome.
Requirements: Submit your application with supporting documents that explain your criminal inadmissibility and justify your entry into Canada.
2. Port of Entry Applications
Processing: Available for last-minute travel plans; applications are processed immediately at airports, land crossings, or sea entry points.
Speed: Decisions can be made in minutes.
Risks: There’s a degree of uncertainty as approval or denial is at the discretion of the immigration officer on duty. If denied, you won’t be allowed to enter Canada until you secure approval from a consulate.
Additional Information
Visa-Exempt Countries: Citizens from these countries must follow specific guidelines for TRP applications, which may differ.
Application Fee: Each TRP application incurs a fee of $229.77 CAD.
Choosing the right application method will depend on your circumstances and urgency of travel.
Contact THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is recognized as one of Canada’s premier immigration law firms, boasting over 11 years of experience. Our dedicated team consists of more than 60 professionals, including Canadian immigration attorneys and paralegals, who are committed to helping clients navigate complex inadmissibility issues.
We leverage our expertise to understand each client’s unique situation and to craft the strongest possible applications for Canadian immigration authorities.
Founded in 2013, themillenniumimmigratiom.com serves as the online platform for THE MILLENNIUM IMMIGRATION and has become a trusted resource for individuals seeking information about immigration to Canada.
If you’re facing inadmissibility concerns, please connect with us for the support and guidance you need.