Canada Temporary Resident Permit

Any person wishing to visit Canada must meet all the requirements of Canadian immigration law before he or she will be permitted entry. Under Canada's health and security regulations, foreign nationals with a criminal conviction (including misdemeanor DUI or DWI) may be considered inadmissible to the country and denied entry unless they are given special permission to enter from the Canadian Government. This permission can be officially granted via a Temporary Resident Permit or TRP, which is a document issued by Canadian immigration authorities that can allow an otherwise ineligible visitor to cross the border for a specific amount of time. Temporary Resident Permits can be issued for as little as one day (single entry) or for as long as three years (multiple entries), depending on a variety of factors including a person's reason for entering Canada and the strength of their application.

A Canada TRP can be obtained in advance of travel or can be applied for at the border given urgent circumstances. Americans interested in permanently overcoming their inadmissibility can also apply for Criminal Rehabilitation provided it has been more than five years since full completion of sentencing including any probation or parole. Canada Criminal Rehabilitation takes significantly longer to obtain than a Temporary Resident Permit. Consequently, many people will apply for both with the aim of crossing the border immediately with a TRP and then in the future with Rehabilitation. The Canadian border now has full access to the criminal record of every American due to database sharing between the FBI and RCMP. As a result, any American who attempts to enter Canada with a DUI risks being denied entry unless they have a TRP or Rehabilitation!

Temporary Resident Permit Canada Application 2024

Applying for a Canadian Temporary Resident Permit is a complex legal procedure! For this reason, if a US citizen does not care too much about being able to cross the border they will often just avoid the country if they have a misdemeanor or felony in their past. It is not possible to apply for a Canada TRP online, applications must be either mailed away or submitted directly by an "authorized representative" of Immigration Canada such as a Canadian TRP lawyer. Every single arrest in a person's past must be properly addressed in the paperwork, so it is common for TRP applications to be 50+ pages long.

Many people are not even able to procure the correct Temporary Resident Permit form let alone accurately equate their conviction to Canadian law, craft a persuasive narrative justifying their need to travel, and back it up with enough supporting documentation to satisfy Canadian immigration officials. The IRCC's standards are very high, and if a person wants to be issued a TRP successfully their Canadian Temporary Resident Permit application must convince the adjudicator that their need to enter the nation is greater than their potential criminal or security risk to Canadian society. Canada has recently enacted new impaired driving laws, and as a result a DUI is now considered a serious crime north of the border since it can be punished by a prison sentence of up to ten years. Consequently, it is more difficult than ever for Americans with a DUI or DWI to get approved for special permission to cross the border.

This is where our Temporary Resident Permit application service comes in handy! Our Canadian immigration lawyer has extensive experience helping Americans apply for a Temporary Resident Permit so that they can travel to Canada with a criminal record. Why stress yourself out trying to correctly apply for a TRP and identify the many required documents you must gather, when you can hire our team of professionals to do the hard work for you! Phone us now for a free consultation!

Due to COVID-19, Canada's border was closed to all non-essential travel such as tourism for nearly 17 months. In August 2021, it reopened to fully vaccinated Americans. As of October 2022, visitors no longer need to provide proof of vaccination and the Canadian border is now back to normal. Immigration authorities continued to process TRP applications for United States citizens the entire time.

Challenges of Canada TRP Application

One of the most difficult aspects of the Temporary Resident Permit application is writing a compelling narrative that justifies why a person should be permitted entrance into the country. In order to get approved, a TRP Canada application must ultimately convince immigration officials that the applicant is now rehabilitated after their past mistakes or poor choices and that they do not pose a threat to the local population if allowed to cross the border. It is possible for a Temporary Resident Permit to be issued for as long as three years (good for multiple re-entries), but an applicant must justify the duration they request with documentation supporting their need to travel.

While a TRP waiver can help facilitate travel to Canada as a visitor, it may not suffice if you plan to move to Canada long-term since it will eventually expire. Individuals interested in becoming a Canadian permanent resident, for example, must first permanently overcome any criminal inadmissibility with Rehabilitation otherwise their Canada PR application will be denied. Criminally inadmissibility, even for something as "minor" as driving while intoxicated (DWI) or driving under the influence of alcohol or drugs (DUI), can impede eligibility for every single Canadian immigration channel including Express Entry and Spousal Sponsorship. Criminal inadmissibility can also inhibit a foreigner's ability to obtain a Canadian Work Permit or Study Permit, including NAFTA work permits and university student visas.

Unless it is an emergency, it is important to apply for Temporary Resident Permit Canada DUI entry permission well in advance of any planned travel. Once an American citizen is a Temporary Resident Permit holder, crossing the border with a criminal record should be easy provided the entry waiver has not expired and the individual has no additional criminal charges. A US citizen should only apply for a TRP at the border in a true emergency, otherwise it is always better to submit a Temporary Resident Permit application to a Canadian consulate even if it is inconvenient to wait for an answer.

Do I Actually Need a Temporary Resident Permit?

Some people seem to think that they can enter Canada with a criminal record by simply not disclosing it at the Canadian border. If you are a US citizen or resident, this is absolutely not the case as the United States and Canada now share criminal database information allowing the Canadian border to see a visitor's full criminal history. As soon as an American gets charged or convicted of a crime, such as intoxicated driving or possession of a controlled substance, the offense is added to the FBI criminal database which is then shared with Canada's RCMP. Consequently, front-line agents at Canadian airports and land border crossings can immediately flag visitors with a criminal history in the United States.

There is no presumption of innocence at the Canadian border, so even a pending criminal charge can result in a border denial regardless of the fact that no conviction is present. For this reason, some US citizens apply for a TRP as soon as they are arrested rather than avoiding Canada the entire time they fight the case in court. Once an arrest record is visible to Canadian border officers, the onus is the visitor to either obtain a Temporary Resident Permit or prove a "favorable" outcome such as all charges being dismissed. Lying to border agents can not only cause an American to be denied entry to Canada, it may also land them in significantly more trouble such as a full out ban from crossing the international border for several years.

Even a traffic violation related to impaired driving, such as a DWAI in New York or OWI in Wisconsin, can result in a traveler being refused admittance by Canada Border Services Agency (CBSA) officials since it still equates to a full DUI in Canada. Most inconsequential traffic offenses or moving violations, such as a speeding ticket, do not render a person inadmissible to Canada. Major offenses that result in a misdemeanor or felony traffic violation, however, can cause a person to be denied entry at the Canadian border if they do not have special permission to enter the country such as a Temporary Resident Permit. Traffic offenses related to reckless driving likely to endanger others, with or without the involvement of alcohol or impairment, can also equate to a serious crime in Canada. Likewise, the Canadian equivalency of traffic tickets for driving while suspended can be classified as serious criminality. Such traffic infractions can subsequently be problematic at the border despite being considered non-criminal in the jurisdiction where they transpired.

The Temporary Resident Permit Canada application process is reasonably convoluted, so it is advised that a person retains a legal professional to help them apply for this special permission. The TRP Canada application also requires a large volume of supporting documentation which is needed to reinforce the statements made in the application. As of 2024, it is also advisable to include an FBI background check when you apply for TRP Canada DUI entry authorization. If a Canadian TRP lawyer is retained, the attorney will be an IRCC "authorized representative" and thus will be able to submit all the necessary paperwork directly to the Government of Canada on behalf of their client.

Canadian TRP Lawyer

An experienced Canadian immigration lawyer can maximize your chances of successful entry into Canada with a DUI by producing the strongest TRP application possible given your situation. If a Canada Temporary Resident Permit application contains even a small mistake or is missing some support documentation, immigration authorities might not issue an entry waiver as the IRCC's standards are very high. If an individual needs to apply for TRP Canada DWI entry at the border, which is fairly common in emergency situations, a TRP application refusal can result in the person being denied entry to Canada and sent home.

Now that driving while drunk can be considered serious criminality in Canada because of the country's new DUI laws, assistance from a lawyer can be especially important for any American interested in crossing the border with a DUI. If a Canadian Temporary Resident Permit lawyer is retained, you will not need to worry about locating and downloading the correct Canada TRP application form since the attorney will handle that for you.

The application for Temporary Resident Permit must be completed correctly, or a person might be blocked from entering the nation if they are inadmissible due to a citation or complaint for a misdemeanor or felony charge. Depending on your nationality, your local Canadian Visa Office may have their own Temporary Resident Permit form and supporting documents list which should be followed. If you are criminally inadmissible to Canada because of any alcohol-related driving infraction, such as DUI, DWI, DWAI, OVI, OWI, or even a DUI plead down to a reckless driving charge such as wet reckless, you may need either a TRP or Canada Criminal Rehabilitation in order to cross the border lawfully.

Consulate vs. Border TRP

If you will not be traveling to Canada with a misdemeanor or felony conviction for at least three months, you can apply for advanced permission via a Canadian consulate. Applying in advance can allow you to be issued a Temporary Resident Permit before you travel to avoid any surprises. If it is an emergency and you apply for a waiver at the border, you need to ensure your application is extremely strong because if it is not and officials refuse to issue you a TRP you can be sent back to the United States by Canada's border agents.

In general, success rates are higher for regular Temporary Resident Permit applications submitted to a consulate than for expedited TRP applications brought to a Port of Entry (POE). Drunk driving is now a serious crime in the great white north, so getting approved for a Temporary Resident Permit Canada DUI waiver at the border can be close to impossible for applicants with several offenses unless they have an excellent reason for visiting.

Temporary Resident Permit vs. Temporary Resident Visa

Individuals interested in traveling to Canada can sometimes confuse a Temporary Resident Permit with a Temporary Resident Visa. A TRP allows someone who is otherwise admissible to Canada, such as a USA citizen or resident, to overcome criminal inadmissibility so they can hopefully cross the border successfully. A TRV is a document required of people who are not from visa-exempt countries, such as individuals from China or India, in order to be permitted entry into the country as a tourist. It has no association with DUI entry into Canada.

While the Temporary Resident Visa application (form IMM 5257) can appear to be almost the exact same as the TRP application (form IMM 1444), and the names are obviously confusingly similar, Americans who want to go to Canada with a DUI conviction should be considering a Temporary Resident Permit (TRP) application not one for a Canadian visa. Although TRPs can be good for up to three years, it is important for prospective visitors to Canada to realize that Temporary Resident Permits of a longer duration generally require a more robust application.

Why Do I Need a TRP Lawyer?

When determining if a criminal offense or driving violation, such as reckless driving, may render an American inadmissible for entry into Canada, it is the equivalent Canadian crime that must be considered. This is one of the reasons why retaining legal counsel is so popular; it can be very challenging to ascertain the Canadian equivalent of a US DUI or similar infraction such as careless driving or negligent driving since the exact legal language can differ from state to state. If a person is not believed to be criminally inadmissible according to Canada's border rules, ordinarily they will not need to apply for a TRP in order to fly or drive into Canada.

While a recent United States DWI conviction will almost always render a foreign citizen ineligible to travel to Canada, there are many situations where a person's admissibility is not so obvious. If a person received an absolute or conditional discharge for their DUI or opted for a pretrial diversion program, for example, it can be extremely difficult for them to determine if they should apply for a TRP without aid from a qualified attorney. It can also be difficult to determine the Canadian equivalent of other crimes such as domestic violence, possession of stolen property, assault, fraud, possession of a controlled substance, theft, driving with a suspended license, or unlawful possession of a firearm. If a conviction was expunged or sealed, it can be particularly challenging to verify how it would now be treated under Canadian law and if completing a Temporary Resident Permit application is pertinent.

The seriousness of an offense according to Canada's laws can also be an important factor, and without an experienced lawyer it can be tough to ascertain what the maximum penalty for a given US offense would be in Canada. A crime's seriousness in Canada may be needed to determine if the offense constitutes regular criminality (maximum sentence in Canada of less than ten years), or serious criminality (maximum sentence of 10 years or greater). In general, serious criminality often involves inflicting bodily harm using a weapon, drug trafficking, or major theft or fraud cases, but because of Canada's new DUI laws with tougher sentences a driving while intoxicated conviction can also be classified as a serious crime. In general, it is harder for a US citizen to get approved for a TRP if their conviction is regarded as severe.

It is imperative to know if Canada considers an offense a serious crime since it can impact admissibility to the nation. Even if a criminal conviction happened 20 years ago, if it constitutes serious criminality the offender may never be deemed admissible by the passage of time and could still be denied entry to Canada without official permission. On the other hand, if a sightseer only has a single misdemeanor from more than ten years ago, and it viewed as non-serious criminality, the man or woman might not need to apply for a Canadian Temporary Resident Permit to get into the country. The Government of Canada processing fee for Criminal Rehabilitation applications can also be more expensive if a crime is classified as serious. Even though drunk driving situations that occur today are considered serious criminality by Canada, DUIs that happened before the laws changed in December 2018 can be grandfathered in under the previous legislation and subsequently not treated like serious crimes.

Benefits of Hiring a TRP Canada Lawyer

While there is never a guarantee that an application for Temporary Resident Permit Canada entrance will be accepted, a TRP attorney can prepare the strongest possible application and can help guide their client through the sometimes stressful process. If an inadmissible guest applies for a T.R.P. at a Canadian Port of Entry and customs officers refuse to issue them one, they may be ejected from the country and sent home which can cause major problems especially if they were traveling to Canada for work. For this reason, it is critical that an application for a Temporary Residence Permit does not contain any errors or omissions and makes a substantial case for why the applicant should be allowed to cross the border. It is also crucial to use the correct Temporary Resident Permit Canada form when preparing an application.

An experienced lawyer that has expertise in this field may have already successfully prepared hundreds of applications for Temporary Resident Permits. When it comes to navigating your way into Canada with DUI appearing on your criminal record, having a lawyer working for you who understands the system can be a major asset. While the criteria for acceptance can appear highly subjective, a Canada TRP lawyer who has experience with DUI entry will oftentimes have a solid understanding of a person's chances of success beforehand. He or she will be able to review a client's situation and advise them on the most appropriate course of action, and will represent them through the entire proceeding so that they never feel like they are alone in the battle for Canadian DUI entrance. Whether you have a DUI, DWI, OVI, OWI, DWAI, or OMVI, an experienced lawyer can help you travel to Canada. Regardless of the precise details surrounding the event, it is an advisable strategy to get an honest assessment of your chances of getting a TRP from a qualified legal professional.

In an effort to save money, some people who are well aware that their criminal record may cause them problems at the border decide that instead of retaining a legal professional to help they will try to get across the border on their own by simply showing up unprepared and hoping the background check is not run on them. Some of these individuals try their luck at Canada's border believing that if they fail no harm is done, and they can then hire a lawyer to do the paperwork needed. This is flawed reasoning, however, because once a person has been denied entry at the Canadian border, entering Canada again may become much more difficult going forward. Accordingly, if a US citizen has been already been denied entry by Canada, applying for a TRP at the border is typically not advisable! Once a person has been found inadmissible by CBSA staff, requesting an entry waiver should normally only be done by means of a consulate or visa office.

If an American has been convicted of driving while impaired and wants to go to Canada despite being inadmissible, it is strongly advised that instead of gambling at the border they apply for a TRP or Criminal Rehabilitation well ahead of any trip with the strongest application possible. When applying for DWI Canada entry, it is never recommended for someone to just hastily throw together an application the night before their trip as the I.R.C.C. has high standards that must be met in order to be successful in collecting a TRP. Being issued a Canada Temporary Residency Permit can become harder after a border denial, since the applicant's previous refusal will be visible to the reviewing officer. Consequently, the details regarding the border denial should be disclosed in the application and it undoubtedly does not improve a candidate's chances of success if they have been previously refused entrance to the country.

Canada Entry Waiver vs. Legal Opinion

The best border crossing solution is not always to apply for TRP Canada entry permission. If an American had their DUI charge dismissed via diversion, deferred, or eventually had their conviction expunged or set aside, for example, there may be alternate avenues available to them such as obtaining a Legal Opinion Letter equating their offense to a non-conviction in Canada. Even after you expunge a crime, you must answer border agents truthfully if they ask if you have ever been arrested or convicted of a criminal offense. The fact that a person must confess to their criminal history if prompted by border agents is one reason why getting a Legal Opinion Letter is often advised for a foreigner who has been arrested in the past but is likely no longer criminally inadmissible to Canada. Rather than lying about past crimes or hoping Canadian border authorities cannot see the original arrest or conviction, a Legal Opinion Letter crafted by a respected Canada immigration attorney can clearly explain why a formerly inadmissible person should be admitted into the country despite a criminal history.

For USA citizens with an expunged DUI conviction, a high-quality attorney opinion letter can help prove admissibility by referencing the exact language of an expungement as well as the Canadian equivalent law such as a Record Suspension (previously called a pardon). For Americans who went through pretrial diversion, a deferment program, or had all criminal charges dropped, a lawyer's opinion letter can often equate the offense to a non-conviction under Canadian law establishing the person's admissibility. If an individual applies for a TRP but is determined to be fully admissible by the Government of Canada, they may be issued an official Determination of Admissibility.

Finding a Canada TRP Lawyer

With proof of a valid Temporary Resident Permit approval, it is possible to travel to Canada after a conviction for DUI. When searching for the best TRP lawyer for you, one suggestion would be to ask candidates how many Canadian TRPs they have applied for on behalf of clients wanting IRCC clemency for past crimes. A professionally designated lawyer in good standing with their bar society can potentially give peace of mind to people traveling with a misdemeanor or felony by helping them request a Canada TRP for business trips, important vacations, or to visit family.

Canadian Criminal Rehabilitation can take up to a year or possibly even longer to receive. Consequently, if you plan to travel to Canada in less than 12 months time and are criminally inadmissible due to a driving while intoxicated conviction, a Temporary Resident Permit may be your only option for crossing the border without being denied entry due to the incident. If your goal is permanent immigration, only the permanent fix for inadmissibility will suffice. Being approved for a TRP will not cover someone for a Canada PR application since it is only a short-term solution.

Hiring a Temporary Resident Permit lawyer to handle preparing your application can potentially be much less stressful than if you did it alone. Since the TRP Canada process takes a significant amount of time when it is submitted to a Canadian consulate, it is suggested that people make arrangements to rectify their border issues long before they actually require Canadian entry. Visa officers always have total discretion when determining whether you should be issued a permit or not, and can refuse a Temporary Resident Permit application for any reason. If you are denied a TRP, there is no recourse and your only solution is to reapply under a new scenario. For this reason, it is ideal that a person succeeds on their first attempt, since reapplying for a Temporary Resident Permit after a refusal is often more challenging.

Do not know how to apply for a TRP for Canada? Confused about how to get Temporary Resident Permit Canada approval? Read on Reddit that there are tips and tricks that could lead to superior results but not sure if they are smart or stupid? We offer free consultations and would be delighted to answer your questions! If you retain the services of a qualified attorney, you do not need to know how to apply for TRP Canada approval, or even how to complete a TRP application perfectly, as employees of the law office could prepare a Temporary Resident Permit application on your behalf.

What Are My Chances of Being Issued a TRP?

Many people want to know their chances of successfully entering Canada with a DUI if they apply for TRP admission. When a border agent or visa officer assesses a Temporary Resident Permit application to determine if the applicant should be permitted to cross the border or not, they consider a number of different factors from the reason for entry to the particulars of the individual's DUI conviction. While the ultimate decision on whether or not an applicant will be granted an entry waiver is always up to the assessing officer (there are never any guarantees), an experienced Canadian immigration lawyer may be able to tell many of their clients roughly how good a shot they have.

In general, the Canadian consulate is more consistent with their decisions than officials at the border. One border officer might be willing to approve a DUI TRP while another officer, even at the very same border station, might not. Consequently, if you are worried about getting approved for a Temporary Resident Permit it is always best to submit your application to the Canadian consulate. Want to get into Canada with a criminal record and looking for an estimate of your probability of success? Wondering if a TRP application is appropriate for your trip? Contact our Canada DUI entry law firm now for a free consultation!

The best way to be granted criminal entrance into Canada may be to have a well-prepared and fully compliant TRP or Rehabilitation submission that contains an exceptional narrative about your reason for needing to visit the country and why you do not pose a threat to reoffend. Canada has strict DUI laws because they do not want intoxicated people driving on their roads, and they are nervous about letting in tourists who have even a brief history of drinking and driving in case they reoffend while in the country.

For this reason, TRP applicants need to truly satisfy the Canada immigration officer and make him or her believe that there is practically zero chance of another crime being committed while visiting the country. If a person is eligible for Criminal Rehabilitation, and they do not indicate in their TRP application that they are also pursuing the permanent fix, there is a risk that Canadian officials will refuse to issue them a Temporary Resident Permit and will instead tell them to apply for Rehabilitation. Consequently, many people apply for a TRP and Criminal Rehabilitation simultaneously, with the aim of getting approved for a TRP quickly and then eventually receiving a permanent pardon.

Immigration, Refugees and Citizenship Canada (IRCC), which was formerly known as Citizenship and Immigration Canada or CIC, does not allocate the bulk of their resources towards processing applications from foreign nationals with criminal convictions. For this reason, it can take a long time to acquire a governmental endorsement unless it is an emergency and you apply for a TRP at the border. Since there is no room for mistakes when applying for permission to enter Canada with a DUI at the border (not being issued a Temporary Resident Permit can result in an inadmissible traveler being denied entry and sent back to the United States), it is paramount that a person present the strongest application possible and do not just throw something together at the last minute.

Canada has recently made reforms to their alcohol-impaired driving laws and drug-impaired driving laws. Bill C-46 was designed to strengthen the police response to such crimes, while also increasing the possible sentences for drunk and drugged driving convictions. Thanks to these new DUI laws and associated amendments to the Canadian Criminal Code, drinking and driving is presently labeled as serious crime north of the border. This subsequently makes it harder for Americans to cross the border with a DUI since getting approved for a TRP can be a challenge, especially if the misdemeanor is fresh.

Canada TRP for DUI Entry

A DUI is now a huge crime in Canada with a maximum punishment of ten years in prison! Consequently, any US resident with a drunk driving infraction may be criminally inadmissible and denied entry at the border unless they apply for permission to enter Canada by way of a Temporary Resident Permit or become rehabilitated. If you have a criminal conviction that renders you inadmissible to Canada, you may not be permitted to live, visit, work, or holiday in the country so long as you are excludable under Canadian law. This means you may not even be able to visit family in Canada at Christmas or board an Alaskan cruise in Vancouver, and so long as your criminal record bars you admission you may never be able to enter without getting permission from the Government of Canada.

Since the Canadian and American governments share criminal database information with each other, border control can instantly find out about a traveler's DUI record when the individual attempts to cross the Canadian border. They may also be aware that a person has warrants out for their arrest, even if it is a bench warrant from another state. For this reason, it is extremely difficult to slip through the border undetected with a criminal record, which is why many people choose to apply for a Canadian TRP before flying or driving to Canada. If an American only has a single misdemeanor DUI from well over ten years ago, getting into Canada without applying for a Temporary Resident Permit may be possible due to "grandfathering" of the old rules but a knowledgeable lawyer should always be consulted regarding eligibility. Visitors with a DUI arrest of which they were not found guilty may also be allowed to enter the country without a waiver, but again a Canadian TRP lawyer should be consulted about acceptable proof of admissibility.

Flying Into Canada vs. Driving

If you have a criminal record for driving drunk that renders you inadmissible according to the rules, you risk being denied entry regardless of whether you fly into a Canadian airport or drive to a land border crossing. If a person is obliged to apply for Canadian Temporary Resident Permit approval at a Port of Entry, the chances of being issued a border TRP and allowed into Canada are essentially the same at a land border as they are at an airport. Many people incorrectly believe that because the consequences of not being issued a T.R.P. after flying into Canada can be much more severe (the person may be detained and flown back to their country of origin on the next available flight), immigration officials are more likely to accept a weak application out of sympathy. This is simply not true; the criteria an expedited Temporary Resident Permit application is evaluated on does not change between airports, land borders, and sea ports, and an application must always satisfy border agents or else the applicant may be refused a permit and rejected at the border.

There can be one advantage to presenting an application for Temporary Resident Permit at an airport compared to a land border, however. Unrelated parties usually pass through Canada customs individually while at an airport, meaning that a person's boss or co-workers likely will not hear them disclose their DUI to officials and present their POE TRP package. On the other hand, if someone drives to Canada with their co-workers they may have to inform the border official of their DWI in front of everyone else in the vehicle, which could potentially be embarrassing. Excluding emergency scenarios, however, Temporary Resident Permits should always be applied for in advance through the Canada Visa Office in Los Angeles (or other appropriate office).

Once a USA citizen who has been convicted of a misdemeanor or felony receives a multiple-entry TRP, it can cover them for an unlimited number of visits allowing them to fly into Canada as well as drive across the border so long as the waiver has not expired. Because our team assists business men and business women enter Canada for work on a regular basis, we know all kinds of tips and tricks to help you keep your impaired driving charge a secret from associates while crossing the border. To put our experience to work for you, phone our team today for a free extensive consultation!

How to Get a Temporary Resident Permit Canada

Tip #1: Apply for the Right Duration
Although Canadian Temporary Resident Permits can be issued to foreign nationals with a criminal record for as long as three years, it is rare to get a Canada TRP that is valid for more than two years. In many situations, immigration agents will only authorize a permit for enough time to allow the person to complete their planned visit, which might only be a week or two. If you apply for a three-year Temporary Residency Permit when you only plan to visit Canada for a single day, you will likely have trouble getting approved. When requesting a multiple-entry Temporary Resident Permit, evidence of a need to travel either regularly or periodically should be included in the TRP application.

Tip #2: Make Sure You Have a Valid Reason for Travel
In order to be successful when applying for entry into Canada with a misdemeanor or felony record via a Temporary Resident Permit, an American must have a legitimate purpose for requiring access to the country. This is especially true if bringing a TRP application to the Canadian border, which is primarily reserved for emergency situations. When applying for a TRP at Canada's border you should always have documented proof of the urgency of your travel.

If a person wishes to enter Canada for vacation or another reason that is not considered overly important by staff at the border, their chances of being granted permission will likely decrease. If your only reason for wishing to enter Canada is recreational, it may be best to avoid the country until you are eligible to apply for Criminal Rehabilitation. Folks who are unsure if their purpose for visiting would be perceived favorably by immigration officers should consult a Canadian TRP lawyer.

Tip #3: Include Excellent Supporting Documents
In order to be approved for a DUI Temporary Resident Permit, the benefit of an applicant being allowed to enter Canada must outweigh the potential risk. Consequently, documentation supporting an American's need to travel to Canada can greatly improve their chances of being approved for a TRP. Likewise, asking for a longer TRP without properly supporting your need for travel on more than one occasion can reduce your chances of being approved (in general, multiple-entry TRP applications should always be supported by a substantial number of documents).

Help with TRP Application

If you would like to learn additional tips for applying for a TRP Canada, phone our law firm today. A TRP lawyer in Canada will know exactly the type of documents that can maximize a person's odds of being issued a waiver, and some people who brag online "I got into Canada with a DUI" really just hired an attorney to prepare and submit a Temporary Resident Permit application on their behalf. Many foreigners who will be visiting Canada with a felony or misdemeanor want to know the chance of success for individual rehabilitation or DUI TRP applications. No reputable lawyer or legal professional should ever give a client or prospective client an exact probability of success, however, since such decisions are always at the discretion of IRCC and CBSA officials and can never be guaranteed. The specifics of a person's situation will play a major role in their probability of approval, and every case is unique. Why does the applicant need access to Canada? How long ago was their conviction? Was it an isolated incident, or do they have an extensive criminal history? Do they have any proof of rehabilitation such as attending classes or counseling?

A Canada TRP attorney may be able to help a citizen of the United States cross the Canadian border with a misdemeanor or felony regardless of the exact language of local laws they were charged under. Whether you have already entered a plea bargain, plead not guilty to a criminal complaint, or have been convicted of a crime, a Canada Temporary Resident Permit lawyer can tailor your application to your specific situation. Equating an offense in USA to Canadian law is one of the more challenging aspects of applying for a TRP. Ascertaining the Canadian equivalency of an offense can be even more difficult if an American participated in a conditional discharge program but pleaded guilty in the process. Since there is no assumption of innocence at the Canadian border, a visitor could possibly be criminally inadmissible even prior to his or her arraignment before a court.

A Temporary Resident Permit obtained in advance of travel can alleviate a person's inadmissibility issues and provide them peace of mind when flying to the great white north. The validity of a Canada Temporary Residence Permit can be canceled by an immigration officer at any time. After an American has been issued a TRP, if he or she is arrested for a misdemeanor of felony offense that could be treated as indictable under the Canadian Criminal Code, they may become inadmissible to Canada again. A pattern of offenses can suggest a criminal lifestyle, which can make it more difficult to be approved for a Canada entry waiver. In such cases, legal arguments and letters of reference can potentially bolster an application.

Temporary Resident Permit Canada Processing Times 2024

Wondering how long it takes to obtain a waiver allowing a US citizen to enter Canada with a criminal record? A Canadian entry waiver is called a Temporary Resident Permit (TRP). The Visa Office in Los Angeles can process a TRP application as quickly as three to four months depending on a variety of factors including application volume. If you are planning a trip to Canada but are criminally inadmissible because of a misdemeanor or felony, you should also factor in the time it may take to obtain necessary documentation such as court records related to the crime. As of 2024, it is advisable for TRP applications to include a fingerprint-based criminal history check from the FBI which can add extra time to the ordeal even if ordered through a local Live Scan vendor.

Temporary Resident Permit Canada Form

Immigration, Refugees and Citizenship Canada (IRCC) / Citizenship and Immigration Canada (CIC) form IMM 1444 is the official application form that may be submitted to the Government in order to receive Criminal Rehabilitation or a Temporary Resident Permit. Your local Canadian Visa Office may also have their own version of the Temporary Resident Permit Canada application form IMM1444. IRCC devotes most of their resources to standard immigration programs, and some would argue that they more or less neglect "criminal entry" to Canada, or at least do not make it a major priority. Some people claim that they cannot open or download the IMM5708 PDF document or IMM 1444 PDF document from the Canada.ca website since it appears to them to be corrupted or erroneous. We have been told the Government of Canada website can suggest people use a newer version of Adobe Reader or Adobe Acrobat even if they have the latest version of the software, but we have our own copy of the Canada TRP form and thus have never experienced such issues ourselves.

If you retain the services of a Canada Temporary Resident Permit attorney, you will not need to locate the IMM 5708 or IMM 1444 form since your lawyer will take care of such things for you. Some people think a TRP application is the exact same as a Canadian Rehabilitation application, which is not true! The two applications are similar but substantially different in some ways. Questions about the Canada Temporary Resident Permit form IMM1444? Our law office provides no-fee no-commitment consultations!

TRP Canada for American Travelers

Applicants seeking entry to Canada as a temporary resident may need to receive an admissibility waiver if they have a criminal record for anything from cocaine possession to domestic violence. Even a single DUI from more than a decade ago could result in a person requiring an approved TRP to take a trip to the country, regardless of what state the alcohol driving violation occurred in. Whether the offense was a Michigan DUI, New York DWAI, Washington DUI, Texas DWI, Maine OUI, California wet reckless, or a Wisconsin OWI, international border requirements and criteria for entering might mean an individual has to get a TRP Canada or Rehabilitation before legally traveling north of the border. Not everyone who wishes to go to Canada from the USA will qualify for a Temporary Residence Permit, however, as immigration authorities will commonly only grant a TRP to Americans that have a valid reason for requesting special border crossing privileges.

When you apply for a Temporary Resident Permit at the Canadian border, you will likely be interviewed first by a CBSA border agent, and then your entrance application will be processed by an IRCC employee (assuming you have a valid reason that warrants emergency considerations). Although the process is not exactly innovative and people can wait a few hours just for their immigration case to be handled, it does not unquestionably involve a lot of friction. Given the right circumstances, foreign individuals who plan ahead and have a strong application to deliver to mediators can at times receive a TRP pretty fast provided the border is not busy and an IRCC staff member is available immediately. Warning: if your situation is not a real emergency, border officials may be unwilling to process your Temporary Resident Permit application.

For those wondering how to apply for a Temporary Resident Permit Canada DUI entry waiver, it can be done either in advance through the appropriate Canadian Visa Office, or at a Port of Entry given emergency circumstances. The applicant's chances of getting into Canada with a DWI depend on a variety of factor's including how long ago the offense occurred, how they have changed their life since the incident, and the reason for requesting special entrance to Canada. Not everyone qualifies to permanently iron out their inadmissibility matter through Rehabilitation. Unless a person’s probationary conditions were fulfilled more than five years prior, he or she will not be eligible to submit an application for permanent consideration. All restitution and compensation ordered by the court must have also been paid at least five years before applying for Criminal Rehabilitation.

Temporary Resident Permit vs. Criminal Rehabilitation

While it is possible for a Temporary Resident Permit to be valid for a duration up to three years under Canadian law, authorities are often hesitant to issue a permit for the maximum length unless an application is exceptionally strong. A TRP Canada lawyer may broadly know a client's approximate chance of being granted a Temporary Resident Permit, and will often have helped other clients enter Canada for a similar reason if the situation is common such as needing to attend a mandatory work event in Toronto or Vancouver with a solo DUI conviction that did not involve an accident. Eligible candidates are strongly encouraged to pursue Criminal Rehabilitation over a Temporary Resident Permit Canada, but given the lengthy processing times, TRP's are regularly used as an "admissibility bridge" in the meantime.

Essentially, a T.R.P. can facilitate fast access to the country via airport, seaport, or land border, and can potentially cover an American with a DUI for the time it takes to attain permanent Rehabilitation. It is possible to apply for both a Canadian Temporary Resident Permit and Rehabilitation at the same time, potentially enabling the applicant to enter Canada with the TRP while their Criminal Rehabilitation application is being processed. If a US citizen with a criminal record is not in a hurry to enter Canada, they will often avoid the country until they can attain Rehabilitation approval.

Our immigration lawyer is licensed to help US residents from all 50 states apply for a Canada Temporary Resident Permit. Whether you live in California, Texas, New York, Florida, Ohio, New Jersey, Washington, Arizona, Wisconsin, Minnesota, Colorado, or Alaska, we would be happy to help you apply for TRP Canada entry with a misdemeanor or felony conviction. We are also able to accept international clients from countries all over the world, and even offer a Canada Temporary Resident Visa application service.

Canada Temporary Resident Permits are typically reserved for people who have an important reason to visit Canada and are not generally issued for people interested in crossing the border for leisure purposes. Depending on your circumstances, however, it may be possible to obtain a T.R.P. for vacation or leisure as long as your situation is deemed appropriate by the assessing officer. While it might seem tempting to download the Canada TRP form IMM 1444 and attempt to apply yourself, an immigration lawyer can give you the best chance possible of being permitted to cross the border with a DUI or other criminal history.

If you are interested in a permanent remedy for criminal inadmissibility, Canada Criminal Rehabilitation is usually the top ranked option since TRPs are only valid for a fixed amount of time. When warranted, a person can apply for a Temporary Resident Permit in conjunction with a Criminal Rehabilitation application submission potentially allowing them to obtain an entrance waiver quickly while also requesting a life-long pardon. Want to apply for Temporary Resident Permit Canada DUI entry? Have a question about the Canada TRP application form? Contact our team now for a private consultation.