Temporary Resident Permit
A temporary Resident Permit, also referred to as a TRP is a temporary solution to overcoming one’s inadmissibility to Canada. The TRP allows you to travel to Canada on a short notice and can be requested at any time, regardless of when your offense occurred, and even if it is still pending in court. The TRP would allow you to enter Canada for a specific time, as determined by the government of Canada and can be valid for up to three (3) years at a time. Once it expires, you can always re-apply for a new TRP.
Do I need a TRP to go to Canada?
Anyone who has a criminal record or a case in court pending against them may require a TRP, depending on the severity of the charges. Most offenses, such as a DUI (Driving Under the Influence of Alcohol or Drugs), reckless driving, assault, drug possession, theft or a federal offense would make you inadmissible to Canada, and you would therefore need to obtain a TRP in order to be able to enter Canada legally.
How do I apply for a TRP?
An application for a TRP should be submitted to the Canadian government for review prior to your travel date. In cases where the travel is urgent, the application can also be submitted for review at a point of entry (a border crossing point) into Canada. Although an application form, called the IMM1444 can be downloaded online and filled out on your own, the application process is much more complex than the simple filling out of this form. Think of it this way, you certainly have the right to represent yourself in court, but it is certainly best to retain the services of a lawyer who specialized in the matter to help you get the result you want faster.
Is Criminal Rehabilitation different from a TRP?
Yes. Criminal rehabilitation is a permanent, rather than temporary solution to inadmissibility issues. Unlike the TRP, which you can apply for even if you were only arrested yesterday, when it comes to criminal rehabilitation, you will need to wait for five (5) years to pass, from the moment that you have completed all conditions of your sentence, in order to become eligible to apply for criminal rehabilitation. If your offenses occurred over 5 years ago, but you require to visit Canada within the year, you can always apply for a TRP and for Criminal Rehabilitation at the same time. This way, you will be able to travel to Canada as soon as the TRP is approved while awaiting the approval of your criminal rehabilitation application, which takes the Canadian government longer to review.
How does Canada know if I have a DUI?
Most people assume that if they simply choose not to disclose the offense to the border agents, that they will be allowed to get into Canada. However, Canada and the US share a criminal history database, including FBI records, making it so that even misdemeanor crimes such as a DUI, or reckless driving for example will be made known to Canada once your passport is scanned at the border. This would also be true in a case where your record is still pending and no judgment as been rendered against you. In this situation, Canada will view this pending case against you as a conviction, until proven otherwise. It is therefore important to disclose all existing offenses to the government.
To start the application process for a TRP today, please call our KLM Immigration law attorneys at 1-888-603-3003 for your free consultation. We specialize in TRP applications for US citizens and residents.