Temporary Resident Permit Documents

What Do I Need To Apply for a TRP?

There are several required forms and documents needed in order to apply for Criminal Rehabilitation or a Temporary Resident Permit (TRP) so that you can enter Canada with a DUI. These forms and documents include, but are not limited to, the following:

• Application for Rehabilitation
• A photocopy of your passport that shows your name, country of birth, and date of birth
• A photocopy of your driver’s license or birth certificate (United States citizens only)
• A copy of each court judgment that has been made against you. The document must show the charge clearly as well as the section of law that you were charged under, the outcome, and the sentence.
• A copy of the statute you were charged or convicted with. A courthouse or a local police authority may be of assistance. Many people will also search on the Internet or visit a local law library to locate this information.
• A copy of the Canadian laws that your conviction or charge equates to. You may obtain a copy of the foreign laws that you were convicted of by contacting a lawyer or via online research.
• Any documents that relate to the sentence that was imposed, parole, probation, etc. This includes judges’ comments and/or recommendations, court records, parole or probation reports, rehabilitation certificates, a letter of recommendation from a public official or a respected private citizen. These documents should show when your sentence was finished.
• A criminal clearance document from police authorities in any area that you have lived at for 6 months or longer since you were 18 years of age. This must be an original document.
• United States citizens must provide a state certificate or a letter from the police authority from each state that you have lived in since turning 18. Must be original version.
• FBI police certificate, which must be an original copy (anyone who has lived in USA)
• For juvenile offenders, an original document showing that the country where you were convicted has special laws regarding juvenile offenders
• A receipt form from paying the Immigration Canada fees
• TRP applications must also contain documents supporting an applicant's reason for needing access to Canada, such as proof of future business trips to the country

The fee for immigration services has to be paid whenever applying for Criminal Rehabilitation or a Canada TRP. The government processing fee for Rehabilitation can range for $200 to $1000 Canadian dollars based on the severity of the equivalent criminal act in Canada. When applying for Rehabilitation, $200 can be paid upon submission of the application and then if authority from the minister is required an additional $800 will likely need to be paid. When you use a Canadian immigration lawyer to help apply for a TRP, you can pay this fee directly to him or her in trust, and they will handle paying it to the Government of Canada. Most Americans who need a TRP or Rehabilitation hire a Canadian attorney, as the application process is very complex. When you retain a Canadian immigration lawyer, you can also typically pay them in US Dollars avoiding the need to deal with currency exchange in order to pay the Canadian Government's processing fee (since most US citizens do not have a Canadian bank account).

Once the application is completed it will be reviewed by an officer along with all of the supporting documentation. If it is found that you are eligible for Rehabilitation, the officer will make either a positive or negative recommendation on the application. The authority reviewing an applicant's paperwork may approve or refuse each of the applications for Rehabilitation. For offenses that are not serious criminality, the authority is typically the local office manager. For more serious offenses, the decision may be made by the Minister for Citizenship and Immigration.

Some of the factors that may be considered during the review process include:

• How many offenses the person has
• How serious each offense is
• Behavior since the time the offense was committed
• The explanation of the offenses and why you are not likely to commit the same offense again
• Support from your community
• The reason that you think you are rehabilitated
• Your current circumstances

Rehabilitation applications may take up to a year to be processed. In order to make sure that your application is processed as quickly as possible, make sure that all of the information and documents that have been requested are provided along with the application. If there is any change to your contact information such as address, fax number, email, or phone number, make sure that you notify the appropriate visa office immediately. Because Criminal Rehabilitation (CR) takes so long to be processed, many people apply for both a TRP and CR at the same time. This can allow them to potentially visit Canada immediately using the TRP, as well as to have full access to Canada over the long haul thanks to the permanent CR. TRP applications usually take a couple months to be processed by the Government. The Canadian consulates in Los Angeles and New York are often the ones that handle criminality files, most other Canadian consulates in the United States do not handle such applications.

Some of the factors that may cause a delay in processing your application include:

• Missing documents
• Missing signatures
• Wrong fee payment
• Copies of documents being unclear
• Verifying documents and information
• Security or criminal problem
• Medical conditions that require additional testing
• Consultations needed with other Canadian offices or offices abroad

Some of these mistakes could also cause a Rehabilitation or Canadian TRP application to be outright rejected. It is important to also note that approval of this type of application is only one part of determining whether or not you will be able to enter the country. Once you have been approved for Rehabilitation you will also need to meet other requirements that are necessary for those that are seeking to enter the country as either a temporary or permanent resident.

If you are a gambler, you can always risk being denied entry to Canada by showing up at the border unprepared. This is not smart, however, and it is better to either stay away from the country or file the correct paperwork. If you do not support your TRP or CR application with proper documentation, in most cases you will not have a serious shot of gaining entrance thanks to special permission from IRCC via a visa office in the United States (there is one in New York and one in Los Angeles). Consequently, you should always back up your application as best as possible.