TRV vs. TRP

[Cruiser]

I have a question regarding which form - if any- I need to complete. I will be taking an Alaskan cruise in August and one of the stops is in B.C. We are only there for 5 hours. I have been convicted of a dwai 2 years ago. I know this makes me inadmissable, since it is considered a felony and has been within the past 10 years. I completed all required courses and counseling that the courts required of me.

I spoke with someone in Customs and they informed me that I should be ok if I am clear and straightforward about my convictions and to bring all courts papers indicating my convictions and I have completed everything, I don't need to complete any forms prior to stepping off the boat.

However, I am not sure how I feel about that. I would rather have my bases covered and not have any hassle. Should I complete a Temporary Resident Permit? Or should I complete a Temp Resident Visa? Or just wait and see what they say at the port?

 

[scylla]

You're inadmissible to Canada and don't qualify for a TRV (not sure why the customs official told you there would be no problem). A TRP is your only option. However these can take months to process and are typically only granted when an individual has a real need to enter Canada (e.g. terminally ill parent is there, children are in Canada, etc.). Getting off a cruise ship won't be regarded as a very strong reason at all. So I think your chances of approval are low.

I think you only have two real options: (1) See what they say at the port and if they will let you step off the boat; (2) forget about getting off the boat in BC.

 

[BrianDell]

Look for "Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity" forms online. Note these these applications may take many months to process.

It's not true that a TRV is not an option. The visa office responsible for your region might have its own application form for TRPs (if they do, it will cost you C$200 to process, an interview may be required) but if it doesn't or they can't advise you with respect to getting a TRP, you should just apply for a TRV and explain why you are inadmissible and why it may be justified for you to enter Canada anyway.

Although "TRPs are only issued in exceptional circumstances" in practice thousands of TRPs have been issued to people for criminal record cases. It is up to the discretion of the immigration officer, who will consider whether there was more than one crime, how serious it was, and how long ago it was. For example, a family shows up at the border, the head of the household has a criminal record problem, and if the problem is considered minor enough, the risk to Canada may be deemed low enough to not warrant causing the traveler and his companions the grief a refusal to admit would cause. Of course it is always dangerous to just rely on the "compassion" of a border agent!

The TRP is really designed for someone like a Chinese national who, by virtue of a special exemption for his nationality, is permitted to transit Canada without a visa only if transiting same day to the U.S. via Vancouver or Toronto Pearson Terminal 1 and flying a through ticket sold by Air Canada, and then a delay forces an overnight stay. A CBSA official will normally issue such a person a free TRP.