Canada Temporary Resident Permit
Any person wishing to visit Canada needs to 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/DWI) may be considered inadmissible
to enter Canada unless they are granted special permission from the Canadian Government. This permission is officially given via a Temporary
Resident Permit or TRP, which is a document issued by Canadian Immigration Authorities allowing an otherwise ineligible person to cross
the border and enter Canada 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 3 years (multiple entry), 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 Canadian criminal inadmissibility can also apply for Criminal Rehabilitation provided it has been more than 5 years since full completion of sentencing. Canada Criminal Rehabilitation takes significantly longer to obtain then a TRP, however, so many
people apply for both with the aim of crossing the border immediately with the TRP and then for life once approved for Rehabilitation. The Canadian border now has full access to the criminal record of every American due to criminal database sharing between
the FBI and RCMP, and anyone who attempts to go to Canada with a DUI risks being denied entry to Canada without a Temporary Resident Permit or Rehabilitation!
Application for Temporary Resident Permit Canada 2016
Applying for a Temporary Resident Permit on your own is often compared to representing yourself in court; you are
technically allowed to do it, but it is likely not a very wise decision. The Canada TRP application process is a complex legal procedure that could
easily overwhelm a person, and many people are not even able to download the Temporary Residence Permit form (or IMM1444) let alone craft a persuasive narrative and back it
up with supporting documentation in order to satisfy Canadian immigration officials. The CIC'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
Canada is greater than their potential criminal or security risk to Canadian society.
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 complete the T.R.P. form and gather all the required documents when you can hire our team of
professionals to do all the hard work for you? Phone us now for a free consultation!
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. The TRP Canada application must convince immigration officials that the applicant is now rehabilitated after their past mistakes and that they no
longer pose a threat to the local population if allowed to cross the border. A Temporary Resident Permit may be issued for as long as 3 years, can be good for multiple
re-entries, and can even be extended before expiry in certain cases. Any person interested in getting or renewing a Canadian Permanent Residency
Card (PR Card) must also overcome criminal inadmissibility with a Temporary Residence Permit or Rehabilitation otherwise they may not be able to live in Canada lawfully. Criminally
inadmissibility, even for something as "minor" as driving while intoxicated (DWI) or driving under the influence of alcohol or drugs
(DUI), can impede a person's eligibility in every single Canadian immigration program including skilled worker (Express Entry) and investment class. Criminal inadmissibility can also inhibit a foreigner's ability
to obtain a Canada 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 permission well in
advance of international travel. Once you are a Temporary Resident Permit holder, crossing the border with a criminal
record should be easy.
Temporary Resident Permit Canada Form (IMM1444)
If you search online, you may notice dozens of posts on Internet message boards and discussion forums related to immigrating to Canada
all talking about how people can't download the Canada TRP IMM 5708 PDF document from the CIC website. According to many users posting on these websites, this is not the only .pdf file on the CIC site that appears to be corrupted. Many of these users claim that even if you have the latest version of
Adobe Reader or Adobe Acrobat, the PDF still says "to view the full content of this document, you need a later version of the PDF viewer" or "if this message is not eventually replaced by the
proper contents of the document, your PDF viewer may not be able to display this type of document". We have even received phone calls
from people who allegedly spent countless hours trying to access or download a copy of IMM5708.pdf (technically it is imm5708E.pdf since it is
the English version) only to finally conclude that they are better off seeking help from a qualified
professional. An experienced Canadian immigration lawyer can maximize your chances of successful entry into Canada by producing the strongest
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 a permit as the CIC's standards are very high. If an individual is presenting a Temporary Resident Permit application 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.
The application for Temporary Resident Permit must be completed correctly or a person could be denied. 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 lawfully cross the border. If you will not be traveling to Canada for at least 3 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 get to the border to avoid any surprises. If it is an emergency and you apply for the document at the border, you need
to ensure your application is extremely strong because if it is not and officials choose not to issue you a TRP you can be refused entry and sent back home.
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 health or criminal inadmissibility and 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 Brazil, in order to be permitted entry into the country. While the Temporary Resident Visa application (form IMM 5257) is almost the exact same, Americans who want to go to Canada with a DWI
should be considering a Temporary Resident Permit (TRP) application not a Canadian visa one. Although TRPs can be good for up to 3 years, it is important for visitors to Canada to realize that Temporary Resident Permits of a longer duration generally require a more robust application.
Do I Actually Need a Temporary Resident Permit?
Some people seem to think that they can enter Canada with a criminal record simply by not disclosing it at the Canadian border. If you are a US citizen or resident, this is simply not the case
as the United States and Canada share criminal databases as of 2010. As soon as an American gets arrested or convicted of a crime, such as possession of a controlled substance or DUI, the file is added to the
FBI criminal database which is then shared with Canada's RCMP criminal database allowing the Canadian border to see the person's full criminal history. Lying to border agents can not only cause an American to be denied entry to Canada, it
may also get them in significantly more trouble such as a full out ban from crossing the international border for several years. It is also important to note that a person may not be deemed admissible to Canada by virtue of time until
10 years have passed since completion of their full sentence, as opposed to ten years from the date of the actual conviction. This means that the clock does not start ticking until after an individual has served all jail time, completed all probation, paid all fines or other restitution, and completed
any mandatory classes or rehabilitation required by the court.
Most traffic offenses for moving violations 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. 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 arguments made in the application.
Multiple entry Canada Temporary Resident Permits can empower a person to come and go from Canada for as long as 3 years, but the permanent
solution of Criminal Rehabilitation never requires an extension or renewal and ensures that authorities can never consider a prior DUI as a reason for denying
entry. Serious DUI convictions, such as DUI manslaughter or several DUIs, pose additional challenges. If a criminal offense is punishable
by 10 years or more of incarceration, a convict may never automatically be deemed rehabilitated by the passage of time and should contact a lawyer for an honest assessment before attempting to enter Canada.
Regardless of how long ago their criminal record occurred, felons may always require an entrance document or rehab in order to clear border security and step foot on Canadian soil.
Why Do I Need a Lawyer?
When determining if a criminal offense or driving violation, such as reckless driving, may render
a person inadmissible for entry into Canada, it is the equivalent Canadian
infraction 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 since the exact legal language
can differ from state to state. While a United States DWI conviction will almost always render someone ineligible to travel to Canada, there are many
situations where a person's admissibility is not so obvious. If a person received a 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 are admissible to Canada without a qualified attorney. It can be even more 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, break and enter, or unlawful possession of a firearm.
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 non-serious criminality (maximum sentence
in Canada of less than 10 years), or serious criminality (maximum sentence of
10 years or greater). In general, serious criminality usually involves
inflicting bodily harm using a weapon, or drug trafficking, but occasionally a
driving while intoxicated conviction can be classified as a serious crime. It is imperative to know if Canada considers an offense a serious crime since it can impact admissibility to Canada; 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.
While there is never a guarantee that an application for Temporary Resident
Permit Canada will be accepted, an attorney can prepare the strongest possible
application and can help guide their client through the sometimes stressful process. If a person
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 and makes a substantial case for why the applicant should be allowed to cross the border. 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 lawyer who
has experience with Canada 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,
OWI, DUII, DWAI, or OMVI, an experienced lawyer can help you travel to Canada.
Regardless if it is a first offense misdemeanor DWI or you have been charged with a more serious impaired driving charge, such as
felony DUI that lead to a period of incarceration or DUI manslaughter, 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 they will try to
get across the border on their own believing that if they fail
no harm is done and they can then hire a lawyer. 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. If a person has a D.U.I. 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 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 CIC has high standards that must be met in order
to be successful.
Being issued a Canada TRP can become harder after a border denial as well, since the applicant must
disclose in their application that they have previously been refused entrance to the country.
Anyone who enters Canada while criminally inadmissible risks deportation if immigration officials realize they are unlawfully in the country while
officially restricted. When it comes to choosing a criminal inadmissibility lawyer, it may be wise to look for an attorney that
is experienced with both Canadian immigration law and helping Americans go to Canada with a DUI. It may also be suggested that a person retains someone who is accessible, honest, and strategic.
Even after you expunge a crime, you must answer border agents truthfully if they ask if you have ever been convicted of a criminal
offense. The fact that a person must confess to their criminal history if prompted by border agents is another reason why getting a legal
opinion letter is often advised for any foreigner who has ever been arrested, even if they are no longer criminally inadmissible to Canada. Rather than lying about past crimes or praying that Canadian border authorities cannot see the
original DUI arrest or conviction, a legal opinion letter from a respected Canada immigration attorney or law firm can clearly explain why a person
should be admitted into the country despite a criminal history. A high quality legal opinion letter can prove admissibility by referencing the exact language of an expungement as well as the Canadian equivalent law.
With a Temporary Residency Permit it is possible to travel to Canada after a conviction for DUI. A professionally designated lawyer in
good standing with their bar society can potentially give peace of mind to people traveling to Canada with a misdemeanor or felony for business trips, vacations,
permanent immigration, or to visit family. Canadian Criminal Rehabilitation can take a year or longer to receive, so 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.
Hiring a Temporary Resident Permit lawyer to handle preparing your application can potentially yield superior results 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 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? 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, as this is handled by the law firm 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. 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 is granted entry is always up to the assessing officer (there are never
any guarantees), an experienced Canadian immigration lawyer will be able to tell most of their clients roughly how good a shot they have. To speak with a
Canada DUI entry attorney about your probability of success, contact us now for a free consultation!
The best way to be granted criminal entrance into Canada is to have a well-prepared and fully compliant 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, applicants need to truly satisfy the Canada Immigration Officer and make him or her believe that there is zero chance
of another crime being committed while visiting the country. Because Citizenship and Immigration Canada, also called
CIC, does not allocate many resources towards processing applications from
foreign nationals with criminal infractions, it can take a long time to be
given permission to visit unless it is an emergency and you apply 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 you being denied entry and sent back to the United States), it is paramount that you present the strongest application possible and
do not just throw something together at the last minute.
Canada TRP for DUI Entry
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. 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, and so long as your
criminal record bars you admission you may never be able to enter without getting
permission from the Government. Since the Canadian and American Governments share criminal database information with each other, border control can instantly find out about
a traveler's criminal record for DUI 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.
Pending DUI, Reckless Driving, and Conditional Discharges
It is clear that someone may be inadmissible to Canada if they have been convicted of DUI, DWI, OVI, DWAI, or one of the other abbreviations for
operating a motor vehicle with Blood Alcohol Content (BAC) 0.08 or above. It is also clear that individuals who are inadmissible to Canada because of criminality may require
a Canada Temporary Resident Permit to cross the border. How do other alcohol related driving
violations and situations affect entry to Canada however?
Awaiting Trial - Anyone who has been arrested for drunk driving may be inadmissible to
Canada until they can prove to border officials that the verdict was "no conviction". This means
that in order to visit Canada with a DUI pending trial a person may need a Temporary Resident
Permit, since there is no presumption of innocence at the border.
Reckless Driving - In many states, first offense DUI's are commonly plead down to reckless driving if there was no motor vehicle accident or bodily harm involved. While reckless driving is a significant
reduction compared to a full blown D.U.I. conviction, it is still a serious offense that can cause a person to be inadmissible to Canada! The Canadian equivalent of reckless driving (including dry reckless) is "Dangerous Operation of a Motor Vehicle", which is an indictable offense punishable by up to 5 years in
jail. A wet reckless explicitly implies alcohol was involved, making it even more likely that a person could be denied entry from Canada if they do not have a TRP.
Conditional Discharge - In many states, first-time DUI offenders are given the option of participating in a conditional discharge program that when completed allows them to avoid a criminal record for intoxicated driving. While an individual is enrolled in such a deferral program, they
may not be allowed to go to Canada without special government permission in the form of a TRP. Once a person has fulfilled all the obligations of the program and has proof that they were not convicted of the DUI, however, they may once again be able to travel to Canada with needing a Temporary Permit.
Under 21 DUI - Zero tolerance policies exist in most states that severely punish young drivers found to be driving with even a small amount of alcohol in their system. An "underage DUI" or "DUI under 21" can render a person ineligible to visit Canada, and persons with such a violation on their record may need a T.R.P. in order to be
admitted into Canada.
Actual Physical Control DUI - Anyone found in the driver's seat of a car or truck with the keys on them or nearby can be charged with DUI Actual Physical Control. Anyone interested in visiting Canada with this on their record may also need a Temporary Resident Permit to cross the border successfully.
Flying Into Canada vs Driving
If you have a criminal record for driving drunk, you risk being denied entry to Canada regardless of whether you fly to Canada or drive to the border. When it comes to Port of Entry Temporary Resident Permit applications, the chances of being issued a TRP and allowed into Canada are 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) that immigration officials are more likely to accept a weak application out of sympathy. This is simply not true; the criteria a Temporary Resident Permit application is evaluated on
does not change between airports, land borders, and sea ports, and your application must always satisfy border agents or else you 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. 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 while crossing the border. To put our experience to work for you, phone our team today for a free extensive consultation!
Temporary Resident Permits Canada
Although Canadian Temporary Resident Permits can be issued to foreign nationals with a criminal record for as long as 3 years, it is rare to get a Canada TRP that is valid for more than 2 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. In order to be successful when
applying for emergency entry into Canada with a misdemeanor or felony record, an American must have a legitimate purpose for requiring urgent access to the country. 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.
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 CIC and CBSA officials and can never
When it comes to the type of crime you have been arrested for or convicted of, the United States of America may have different laws in different
jurisdictions. For example, in one state you may be able to get a conditional
discharge for DUI, while in another state that may not be possible. The
ability to seal your criminal record can also vary by jurisdiction. A Canada
Criminal Rehabilitation lawyer can help you cross the border with a misdemeanor or felony regardless of the exact language of local laws. Whether you have
already entered a plea bargain, plead not guilty to a criminal complaint, or
have already been convicted of a crime, a Canada Temporary Resident Permit
lawyer can tailor your application to your specific situation. Since there is
no assumption of innocence at the Canadian border, visitors may be criminally
inadmissible even before his or her arraignment before a court.
Temporary Resident Permit Canada Processing Times
Wondering how to get a pardon to enter Canada with a criminal record, and how long
it typically takes? The official DUI pardon Canada document is called a Temporary
Resident Permit, and Canada TRP processing times are typically around two to three
months when submitted to the Visa Office in Los Angeles. 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 documents related to crime.
Do TRPs Allow You to Bring Prohibited Food Products?
If you have ever watched the award winning television show “Border Security”, you may have learned that many plants and food products cannot be imported or exported internationally. Certain animals, plants, fruits, and wood products can carry bugs from one country to another causing major issues for the new environment they are introduced into. For this reason, front-line quarantine officers can hand out a prosecution to travelers who do not declare certain items in their luggage when flying into Canada. Foreign nationals who
have applied for a Canadian Temp Resident Permit 2016 by virtue of CIC form IMM 5708 or IMM 1444 do not gain any benefits in terms of bringing otherwise unlawful items across the border. Since Canada and the United States share a physical border, however, it is allowable to bring most fruits, vegetables, wood, and plant materials across the border with you when traveling directly from USA. Please note: one item that is unequivocally restricted from passing through the US-Canada border is any wood product that contains bark.
Crossing Canadian Border with DWI Arrest
Americans that have been arrested or convicted of a DUI, DWI, OVI, DWAI, DUID (DUI drugs), OWI, or even reckless driving (wet reckless) may be denied entry at the border without
a Temporary Resident Permit or Criminal Rehabilitation. The presumption of innocence does not exist for Canadian immigration, which means that foreign nationals can be considered inadmissible to the
country as soon as they are arrested even though they are officially innocent until proven guilty in the court of law. Without evidence to show a favorable outcome such as a
"no conviction" finding, any US resident or citizen with an alcohol or drug related impaired driving arrest may be denied entry to Canada.
A TRP for Canada because of DWI is the fastest way to ensure an impaired driving charge does not result in a person getting refused at the border. Other documents proving access to sufficient funds to support the planned vacation in Canada can be very helpful when dealing with border security. Potential visitors may also have to prove sufficient ties to their home country, demonstrating to
border officials that the person has a realistic reason to return home following their trip. Our Canada Temporary Resident Permit lawyer not only assists foreign nationals with the CIC application, he
consults with people about how to effectively answer questions asked by security at the border and even allows people to call him from the border if they need advice.
Can You Enter Canada with a DUI?
Many people in the U.S. do not realize that a DUI potentially denies them entry to Canada for a minimum of 10 years unless they attain special permission, and even the occasional US DWI attorney is
unaware of this information. After a person is refused entry to Canada they are often earnestly panicked about the situation, especially if they are traveling
for business and might lose their job as a result. Another emotion often felt after a border denial, particularly if the individual must now fly back to the United States, is outrage; travelers can be exceptionally angry that the country would ban people over an "old" crime. The
fact is though, there are only two ways to legally cross the border when you have a criminal record that is less than 10 years old and makes you inadmissible. They are a Canada
Temporary Resident Permit and Criminal Rehabilitation. The fastest way to get a Canada TRP is to apply at a Port of Entry since the application
is instantly adjudicated and a person can be issued the document on the spot. Border TRPs are generally reserved for emergency situations only however. The standard method of applying to Citizenship and Immigration Canada (CIC) in advance, through the Los Angeles Canadian Visa Office, can take as long as 4-6 months.
Wondering how to get a TRP for Canada? Phone us today for a free consultation.
Sailing to Canada with a Temporary Resident Permit
While it might seem unthinkable, it is possible to be detained while traveling through Canada on a cruise ship if you are a foreign national that
has previously committed certain criminal infractions such as driving drunk. While enjoying an Alaskan cruise from Washington State, a passenger may need to be considered admissible to Canada in
order to leave the ship while docked in Vancouver or Victoria (Vancouver Island). Cruise ships visiting the Maritime cities of Saint John, Halifax,
Charlottetown, and St John's may also require a person to be permissible under Canadian law in order to leave the boat. A Canadian Temporary Resident Permit can often be
applied for at a cruise ship Port of Entry similar to a "normal" border crossing.
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 form. The CIC devotes most of their resources to standard immigration programs, and it could be argued that they
more or less neglect "criminal" entry to Canada, or at least do not make it a major priority. It is no surprise then that many people can't open or download the IMM5708 PDF document from the CIC website since
it appears to some to be corrupted (it allegedly suggests you use a newer version of Adobe Reader even if you have the latest version of the software). If you
retain the services of a Canada Temporary Resident Permit attorney, however, you will not need the IMM 5708 or IMM 1444 form at all since your lawyer will
take care of such things for you.
TRP Canada for American Travelers
Applicants seeking entry to Canada as a temporary resident must receive immigration permission if they have a criminal record for anything from
cocaine possession to domestic violence, provided it renders them inadmissible. Even a single DUI in the last decade could result in a person requiring an approved TRP to take a trip to the country, and
multiple DWI convictions means a person may never be deemed rehabilitated automatically and could need streamlined Canada Rehabilitation in order to gain permanent access
to the nation. Regardless of what state an alcohol driving violation occurred in (it could be a Michigan DUI, Washington DUI, Maine DUI, or
Wisconsin DUI), international border requirements and criteria for entering might mean an individual has to get a TRP Canada before traveling north of the border
and hence qualify for it under one of the many valid reasons for obtaining such a document.
America's friendly northern neighbor actually has more stringent border regulations than many western countries. Customarily, when dealing with
security officers at the boundary there is very little room for negotiation. As nice as it would be if there was an independent extrajudicial
tribunal overseeing immigration officials, the reality is the CBSA is the sole enforcement mechanism protecting the nation's borders, and how
they rule on a case is the final decision. Historically, government agents have been very fair with American tourists, but isolated cases of
foreign nationals being prevented entry for incidents as minor as public intoxication have allegedly occurred.
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 a CIC employee (assuming you have a valid reason that warrants emergency considerations). Although the process is not exactly innovative and people can infrequently wait an hour or two 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 in as little as 15 minutes provided the border is not busy and a CIC 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, 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.
Can't Access IMM1444 Temporary Resident Permit Canada?
Many Canadian immigration forums and messages boards contain posts about people unable to access the official CIC IMM5708e.pdf file. Some
people simply do not understand how an organization as professional as the C.I.C. can have PDF documents on their website that some people
cannot get to work. Many people allege that when they click on the link to the CIC Canada Temporary Resident Permit form, they are told they need a newer version of Adobe Acrobat or
Adobe Reader even if they have the latest version installed on their computer. The fact is however, Citizenship and Immigration Canada does
not necessarily consider "criminality" as high priority and focuses most their resources on standard immigration programs such as the
new Express Entry program. For example: if you need a Temporary Resident Visa (TRV) in order to travel to Canada, the CIC website will tell
you exactly how many days your local Canadian embassy is taking to process applications. When you apply for a TRP Canada on the other hand, the Government offers zero
official guidance on processing times and it could be several months faster or slower than you expect. When attempting to download the IMM 5708 PDF
document online, some people allegedly conclude that making it easy for foreign nationals with criminal records to enter the country is not one of the
highest priorities for the Government agency. We have been told by some people that they believe the CIC is likely in no rush to deal with the problems some people are claiming to have with the PDF Temporary Resident Permit application form.
How Does Canada Identify Criminals at the Border?
The United States and Canadian governments share criminal information with each other, which allows border authorities in both countries to pinpoint
foreign visitors with arrests or convictions on their record. Canada’s CPIC database contains FBI records, and the CBSA lookout system used at
borders across the country pulls information from CPIC. This being said, the CBSA lookout system does not necessarily always contain a person’s
criminal record, and is not always up to date. In fact, the CPIC database has been so seriously backlogged at times that the auditor general has even publicly
stated that the system is "out of date" and "undermining the work of law enforcement and the courts". According to CBC News, it can take as long
as 14 months for new information to be entered into the English CPIC system, and up to 36 months for the French system in Quebec. Felonies and
misdemeanor arrests and convictions from the United States are generally not affected by these delays, however, and can be accessed by authorities
almost immediately. It is impossible to know for certain whether or not a visitor will be flagged at the Canadian border due to criminality, so anyone who is criminally inadmissible
to Canada should always overcome their inadmissibility to avoid entrance problems.
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 Canada entry DUI lawyer will broadly know a client's chance of being
permitted entrance at the border, 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 with 1 DUI. Eligible candidates are
strongly encouraged to pursue Criminal Rehabilitation over a Temporary
Residence Permit Canada, but given the lengthy processing times TRP's are regularly
used as an admissibility bridge enabling a person fast access to the country via
airport, seaport, or land border. 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.
One other reason why a T.R.P. could be the ideal solution is if you will soon be admissible to Canada again. If you have a single drunk driving conviction and it has almost been 10 years since
completion of your sentence, you may automatically be deemed rehabilitated in a short amount of time and could once again be able to freely cross the border without special permission. In this scenario, an interim solution for temporary admittance to Canada might
be more logical. Another situation would be if you are almost finished a conditional discharge program or deferred judgment program that could result in you no longer being inadmissible to the country.
Our immigration lawyer is licensed to help US residents from the following states apply for a Canada Temporary Resident Permit: California (CA), Texas (TX), New York (NY), Florida (FL), Illinois (IL), Pennsylvania (PA), Ohio (OH), Georgia (GA), Michigan (MI), North Carolina (NC), New Jersey (NJ), Virginia (VA), Washington (WA), Massachusetts (MA), Arizona (AZ), Indiana (IN), Tennessee (TN), Missouri (MO), Maryland (MD), Wisconsin (WI), Minnesota (MN), Colorado (CO), Alabama (AL), South Carolina (SC), Louisiana (LA), Kentucky (KY), Oregon (OR), Oklahoma (OK), Connecticut (CT), Iowa (IA), Mississippi (MS), Arkansas (AR), Utah (UT), Kansas (KS), Nevada (NV), New Mexico (NM), Nebraska (NE), West Virginia (WV), Idaho (ID), Hawaii (HI), Maine (ME), New Hampshire (NH), Rhode Island (RI), Montana (MT), Delaware (DE), South Dakota (SD), Alaska (AK), North Dakota (ND), Vermont (VT), Wyoming (WY), as well as the District of Columbia (DC). 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 your only option since TRPs are only valid for a fixed amount of time. When
warranted, a person can obtain a Temporary Resident Permit in conjunction with a Criminal Rehabilitation application submission potentially allowing a port of entry
TRP to give them access to Canada until the lengthy consulate processing is complete.