If you are criminally inadmissible to Canada, two possible options are Criminal Rehabilitation and a Temporary Resident Permit (“TRP”). However, these remedies serve very different purposes.
Criminal Rehabilitation is generally intended to overcome criminal inadmissibility on a longer-term basis once the eligibility requirements are met. A TRP, by contrast, provides temporary and discretionary permission to enter or remain in Canada despite inadmissibility.
At Falcon Law PC, we assist individuals throughout the United States and internationally with Criminal Rehabilitation applications, TRP matters, DUI entry to Canada concerns, and other Canadian criminal inadmissibility issues.
What Is Criminal Rehabilitation?
Individual Criminal Rehabilitation is an application that may allow a person with past criminal activity outside Canada to permanently overcome the resulting criminal inadmissibility.
To qualify, the applicant generally must demonstrate that sufficient time has passed, that they have been rehabilitated, and that they are unlikely to become involved in further criminal activity.
Once Criminal Rehabilitation is approved, the applicant generally does not need a TRP for the criminal inadmissibility addressed by the rehabilitation approval.
When Can I Apply for Criminal Rehabilitation?
At least five years generally must have passed since completion of the criminal sentence before an individual can apply for Criminal Rehabilitation.
Determining when the sentence ended can require careful review. The relevant period may include imprisonment, probation, payment of fines, driving prohibitions, restitution, community service, and other sentence requirements.
If several offences exist, the eligibility analysis may become more complicated.
Applicants should also plan well ahead because IRCC currently advises that Criminal Rehabilitation applications can take over a year to process. Our guide on how long Criminal Rehabilitation may take discusses the timing in greater detail.
What Is a Temporary Resident Permit?
A Temporary Resident Permit allows an otherwise inadmissible foreign national to temporarily enter or remain in Canada where the circumstances justify issuing the permit.
Unlike Criminal Rehabilitation, a TRP does not permanently eliminate criminal inadmissibility. It temporarily overcomes the inadmissibility subject to the duration and conditions of the permit.
TRPs are discretionary. The applicant generally must demonstrate a compelling reason to enter or remain in Canada, and an immigration officer must be satisfied that the need for entry outweighs the health or safety risks to Canadian society.
There is no guarantee that a TRP will be issued.
Criminal Rehabilitation vs. TRP: What Is the Main Difference?
| Criminal Rehabilitation | Temporary Resident Permit |
|---|---|
| Long-term solution to criminal inadmissibility | Temporary permission despite inadmissibility |
| Generally requires at least five years since completion of the sentence | May be considered before Criminal Rehabilitation eligibility exists |
| Requires evidence of rehabilitation | Requires a compelling reason for temporary entry or stay |
| Can overcome the covered criminal inadmissibility going forward | Does not permanently resolve inadmissibility |
| Useful where future Canadian travel is expected | Often considered where there is an immediate or time-sensitive need to enter Canada |
When Might a TRP Be Appropriate?
A TRP may need to be considered where a person is criminally inadmissible but has a compelling reason to enter Canada temporarily.
This can arise where Criminal Rehabilitation is not yet available because five years have not passed, where a rehabilitation application remains pending, or where an important travel need arises before inadmissibility can otherwise be resolved.
Examples of circumstances that may support consideration include certain family emergencies, business conferences, employment obligations, or other significant reasons for travel. Business travellers dealing with these issues may also wish to review our guide on business travel to Canada with a criminal record.
By contrast, applicants should not assume that a vacation, fishing trip, hunting trip, or other recreational travel will necessarily justify a TRP. IRCC currently states that pleasure trips are normally not considered sufficient justification. Travellers planning recreational trips can review our article on fishing or hunting in Canada with a criminal record for broader admissibility considerations.
Can I Apply for Criminal Rehabilitation and a TRP?
Potentially. The two remedies can serve different purposes.
For example, an individual who is already eligible for Criminal Rehabilitation may pursue rehabilitation as the longer-term solution while also considering a TRP where there is a compelling and time-sensitive need to enter Canada before the rehabilitation application is decided.
The existence of a pending Criminal Rehabilitation application does not guarantee that a TRP will be issued. The TRP request must still satisfy its own requirements.
What About a DUI?
DUI and impaired driving offences are among the most common criminal inadmissibility issues affecting Americans travelling to Canada.
Depending on the offence, sentence-completion date, and surrounding circumstances, an individual may need to consider Criminal Rehabilitation, deemed rehabilitation, or a TRP.
Applicants should not assume that a misdemeanor classification in the United States means the offence is minor for Canadian immigration purposes. Canada generally considers the equivalent offence under Canadian law.
The date of an impaired driving offence is also important because Canada increased the maximum penalties for impaired driving offences effective December 18, 2018. Individuals with older convictions may wish to review whether they can enter Canada with a DUI after 10 years.
What About Deemed Rehabilitation?
Not everyone who has an old criminal record necessarily needs to apply for individual Criminal Rehabilitation.
In certain circumstances, a person may be considered deemed rehabilitated because sufficient time has passed and the offence meets the applicable requirements.
Deemed rehabilitation is different from an approved individual Criminal Rehabilitation application, and eligibility depends on factors including the nature and number of offences, the Canadian equivalent offence, and how much time has passed since completion of the sentence.
Travellers should therefore determine whether they are actually inadmissible and whether deemed rehabilitation may apply before deciding which application to pursue.
What Documents May Be Required?
Criminal Rehabilitation and TRP matters can require substantial supporting documentation.
Depending on the circumstances, this may include court and charging records, sentencing documents, proof that all sentence requirements were completed, criminal record checks, passport and identity documents, evidence of rehabilitation, and an explanation of the proposed reason for travelling to Canada.
TRP requests may also require evidence demonstrating why temporary entry is sufficiently important to justify overcoming the inadmissibility.
Speak With a Canadian Criminal Inadmissibility Lawyer
If you are unsure whether you need Criminal Rehabilitation, a Temporary Resident Permit, or another admissibility strategy, Falcon Law PC can assist with reviewing your criminal history, Canadian equivalency, sentence-completion date, travel needs, and available options.
You can contact Falcon Law PC to schedule a consultation or review our packages and fees for additional information.