The Canadian immigration can be challenging in matters involving criminal offenses, in some cases no matter how minor or how long ago the offense had occurred. These infractions can severely restrict your freedom to travel as well as your entry into Canada. If you have been denied entry to Canada due to a criminal record or offence, don’t give up hope. Contacting and consulting with an experienced immigration lawyer may further the likelihood for re-entry.
Niren & Associates has over 15 years experience assisting individuals to successfully enter Canada, including many who have been initially denied entry. We will use our extensive knowledge of the legal system and apply it to your predicament to see if you have any options.
A Look at Your Options
Option 1: Getting a Temporary Resident Permit (TRP)
If you have been entry to Canada due to a criminal record, offence or for certain medical conditions, you may apply a Temporary Resident Permit (TRP), which could allow you entry to Canada as a visitor, worker or student.
US Citizens and those from visa exempt countries may apply for TRP at the Canada/US Border or Port of Entry. However, applying at a border or airport can be risky, since you could be refused and turned away. In some very rare cases, you could be detained by the Canada Immigration authorities.
For these reasons, it is imperative to have an experienced immigration lawyer assess your situation, so you’ll know what the best course of action would be for your unique scenario.
At Niren and Associates’ Vancouver office, we can help with every kind of refused entry case, and are aware of the challenges potentialluy faced by the client. We will consider your options and advise you accordingly.
The Timeline for TRP
Depending on the circumstances of your case, the length of time your TRP will be valid can be for a number of months or years, or for a single entry to Canada or for multiple entries. This is precisely why an immigration lawyer is an effective ally when you have been denied entry, as they can represent your case while it’s in the system.
Option 2: Criminal Rehabilitation Application
In certain cases, if your conviction occurred 5 years ago or longer, you may be eligible to make an application for Criminal Rehabilitation to enter Canada. If approved, it will wipe out your criminal inadmissibility that prevents you from entering.
Like the Temporary Resident Permit, an application for Criminal Rehabilitation can be made at a Canada/US border if you are a U.S. Citizen or from a visa exempt country. A Criminal Rehabilitation application can also be made at a Canadian Consulate or Embassy.
It should be duly noted that not correctly filing or submitting documents your Criminal Rehabilitation application, will increase the propect of denial. Also to mention that before applying, it is imperative to discuss your qualifications with an experienced immigration lawyer. When you’ve been refused entry, enlist the help of legal experts who will work closely with you to help find solutions.
When I had special issues like crossing into Canada before my TRP had been reviewed at the consulate level, they sent me enough documentation to get a six month TRP right at the border! The follow-up and professional conduct surpassed any firm I have worked with in all my years in business. – Linda Y.