There are instances where an individual can be denied entry into Canada, such as when there is a record of criminal offenses. Depending on the type or severity of those offenses, the person might not be eligible for deemed, streamlined or approved rehabilitation entry into the country.
In such cases, a temporary resident permit is a type of pardon or executive action process that can grant the individual special permission to enter or remain in Canada. The individual can obtain a temporary resident permit once an application for the deemed or streamlined rehabilitation and a completed Application for Criminal Rehabilitation is being submitted.
Before submitting this application, it is important to know that option A “Application for Approval of Rehabilitation” is not checked, but instead the box that indicates “For Information Only”. When the application is being received by Canadian immigration officials, they will review all the information provided. They will look at the criminal offenses that are involved, the exact nature of those offenses along with the applicant’s current status to determine what they will recommend.
Canadian immigration officials at our side of the border at the Canadian visa office will either state the individual is not being permitted to enter Canada or might advise to apply for special permission. This is where the temporary resident permit comes in.
A request to obtain a temporary resident permit must be filed for in the United States – this needs to be done several months in advance. The reason for this is that the approval process will frequently take very long. A typical waiting time could be six months and in some cases it can take as long as one year. It should be clear that this type of permission to enter Canada is not really suitable for time-sensitive visits such as business trips due to the lengthy approval times involved.
When The Temporary Resident Permit Has Been Granted
As the name implies, this type of permit to enter Canada is temporary and needs to be updated in regular intervals, usually every six months or once every year. Depending on each individual case and the criminal offenses involved, a temporary resident permit can be rather costly to obtain.
What Can Happen without a Temporary Resident Permit
If an individual has criminal offenses, it is always better to try to get a temporary resident permit to avoid any unforeseen problems at the Canadian border.
Without the approved entry permission documents it can result in not being permitted to travel into the country. The traveler will likely be asked to immediately return to the United States. It can also mean that enforcement action might be taken, resulting in removal, arrest or detention.
If an individual wishes to go to Canada but there is reason to assume that a temporary resident permit will be needed, professional help should be considered. A skilled immigration lawyer will assist in the application process and will help with all the legal formalities and paperwork. This will be the best and most effective way to stay clear of negative surprises next time you are about to go to Canada.