Denied Boarding? TRP

I recently found out that one member of our group has had some previous legal problems, and would probably be denied entering Canada, Their offense was one that is on the prohibited list. I spoke to the cruise line who told me that he would in all probability be denied boarding the ship in Seattle, even if he agreed to not disembark in Victoria, as the ship travels through Canadian waters, and this is considered, being in Canada.

It would appear that the best route would be to apply for aTemporary Resident Permit, But I am unclear on how to do this. I could not find an online form, it said you could apply at port of entry, or consulate.

I would like to do this in advance, so we know whether the person could cruise with us. Could I go to Niagra Falls or the Consulate in NY to apply for a TRP? Does anyone know how long the process takes? Would like to find out one way or the other before final payment in 2 months. so we could plan accordingly.

A couple of points 1. Canada has a list of offenses for which you can be denied entry to the country. This includes DUI and DWI, Find out if anyone in your group may have a problem

2. No one tells you this in advance. If you are on the bad list, you will find out at the pier, on embarkation, when they say, sorry you cannot board.

3 There are 2 immigration forms, A temporary resident Permit, and a Temporary resident Visa, they are not the same, Basically The Permit is for Americans, and the Visa is for Non Americans.

Any help would be greatly appreciated.

http://www.canadianimmigration.net/blog/cruising-from-to-or-through-canada-a-dui-or-other-conviction-may-deem-you-inadmissible-to-canada/

Do not despair if you are inadmissible and you have already booked your trip

Even if you are inadmissible, steps can be taken to allow you to enter Canada. Applying for a temporary resident permit (TRP) or Criminal Rehabilitation will resolve inadmissibility issues to Canada. Given that a thorough knowledge of Canadian law exponentially increases the chances of an applicant’s success, retaining the services of a Canadian immigration lawyer will equip you with the legal expertise in order to overcome denied entry to Canada on the basis of criminality, especially if you have already booked your cruise.

Temporary Resident Permit (TRP)

This permit will allow an inadmissible individual to enter Canada for a specific period of time. TRPs grant temporary access to Canada on a one-time basis and an individual must actively request an approval for temporary resident permits at the border. Canadian immigration officers will assess whether the applicant has a significant reason for entering Canada. If less than five years have elapsed since completing the sentence for your criminal conviction, you will be required to apply for a temporary resident permit in order to successfully enter Canada for your cruise.

Criminal Rehabilitation

This is a process during which inadmissible individuals request the Canadian government to absolve them of their denied entry to Canada on a permanent, rather than temporary basis. Once approved, the past conviction will no longer prevent the individual from entering Canada and they will be able to cross the border freely. In order to be eligible for criminal rehabilitation 5 years must have passed since the completion of your sentence if you are inadmissible to Canada. However, if 10 years have already passed since the completion of the sentence and you only have one conviction on your record, you will be considered ‘deemed rehabilitated’ by the passage of time and you will not be inadmissible to Canada on the basis of criminality.

Or straight from the horses mouth rather than via someone looking to make a profit from your problems (I refer to immigration lawyers rather than the poster above):

TRP info

Overcoming Criminal inadmissibility info and all of the relevant documents to be completed or supplied, including one explaining the use of a representative rather than doing it directly yourself.

There's lots of good, Plain English info and examples on the above, but a quick & dirty version: if it's been 5 years since the individuals 'debt to society' was paid off (jail time served, probation or parole term expired, re-educational classes attended, fines paid etc- the MOST RECENT of these is when the clock starts) they can chance their arm at being 'deemed rehabilitated' at the border. Discretionary, so if CBSA is having a bad day or just doesn't like you then chances are lower.

$200 TRP can be done at the border too, or mailed off in advance to a Visa processing centre, for someone who doesn't meet 'deemed' criteria yet. The fee does get larger for more serious crimes - $1000 rather than $200. NB: that doing it in advance can take over a year... so unless this is a very, very far future cruise simply may not be practical. However, TRP and 'Deemed' assessment happen ANY time you try to cross the border - so the person could simply drive or fly up here, present their case, and see if they get accepted. If they do, even though TRP is a 'one shot' odds are high that they will also be cleared in the future if they don't commit any new offences.

You need to deal with official information, direct,

Not rely on speculation on these message boards. I happen to know an inlaw who was denied entry, and there wasn't any way to get in "at the border". - a little over a year ago.

Pretty much every country has similar rules. If they don't, you probably don't want to be visiting there. Reality is you don't say what the offense was (although you do mention DUI later), or how long ago it occurred. Having worked for immigration (many years ago now so I can't comment on current processes), those are factors that will impact the decision of the immigration officer. A DUI 20 years ago (and nothing since), is looked upon differently than a recent offense. Violent crimes. . . . well it doesn't really matter how long ago as it is a public safety issue. Start with the Government of Canada website. Start calling and emailing. Consulate might be able to help if it is close. Best of luck, Alaska is definitely worth the trouble of sorting it out.

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One complication here is that the cruise leaves from Seattle not at a Canadian Border. He will be dealing with cruise line staff so if there is a list of people denied entry, I doubt there'll be anyone there from the Canadian border folks to approve a TRP. In Vancouver when you board a ship going directly to a US port, you go through US immigration there but the reverse doesn't happen in Seattle, right?

Just an update. WE are cancelling the cruise for the Relative with the legal problems (just him, the rest are still cruising).

First his situation was more serious then originally thought, He had a few convictions that were in conflict, one involved violence, Some of the convictions were less than 10 years ago. So it was probable that he would be denied a visa or TRP, which would have meant a wasted expense and a lot of effort. Also time factored into the decision,We are less than 6 months to cruising, and It appears that 6-12 months is a usual time frame.

By cancelling now before final payment,we will also have his deposit refunded back. My thanks to everyone for the information, It helped us in deciding which way to go.