Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on criminality grounds
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Considerations and instructions related to inadmissibility on criminality grounds can be found in ENF 1 – Inadmissibility (PDF, 618.98KB).
In reviewing criminal cases, officers should verify the time elapsed since the sentence was served to determine whether the client might be eligible for rehabilitation or is deemed rehabilitated.
The onus is on the client to demonstrate their level of risk and that further criminal activity is unlikely.
Officers should assess:
- the seriousness of the offence
- the chances of committing further offences
- any behavioural or medical factors involved
- evidence of reform or rehabilitation
- whether the influence of drugs, alcohol or a medical condition was a factor in the commission of the crime
- if there is a pattern of criminal behaviour (e.g., the offence was a single event and out of character)
- if all sentences have been completed, fines paid or restitution made
- if there are any outstanding criminal charges
- if there is any restriction of travel following probation or parole
- eligibility for rehabilitation or a record of suspension
- time elapsed since the offence occurred
- controversy or risk caused by the presence of the person in Canada.
If a person is not eligible to obtain relief from the Minister or has not received a record of suspension, and if circumstances warrant facilitation, a TRP may be issued authorizing re-entry if:
- the crime did not involve drugs (simple possession of marijuana/hashish may be excluded from this consideration)
- the crime did not involve physical harm or violence
- the crime resulted in a suspended sentence or probation (no jail term), unless it was the result of plea bargaining
- the crime did not involve damage to property (impaired driving resulting in an accident would not be eligible)
- the person has been fulfilling the conditions while on probation, if applicable
- there are no more than two convictions
- the crimes were both summary offences (arising out of one offence) and not indictable.
Example: An officer can consider granting a TRP valid for re-entry to a frequent business traveller who was convicted of a minor criminal offence that makes the person inadmissible under subsection A36 (2) of IRPA and if the applicant meets the criteria listed above.
Frequent travellers who have not applied for rehabilitation where eligible
Applicants should be encouraged to apply for rehabilitation and officers should provide them with the “Application for Criminal Rehabilitation” (IMM1444E (PDF, 1.18MB)).
Frequent travellers who repeatedly seek TRPs but have not applied for rehabilitation in spite of being counselled to do so, should not warrant favourable consideration.
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