For those foreign nationals who are not eligible as either a refugee or a protected person, or who have some factor that makes them initially inadmissible, you may still be eligible to visit Canada with a Temporary Resident Permit (TRP). Inadmissibility might mean that you have a medical condition, recent or past criminal conviction, financial incapacity, or made misrepresentations on your application that prevent entry to Canada without a TRP.
Most TRPs are issued when a prospective visitor has a recent criminal record.
TRPs are only issued in exceptional circumstances, however, and can be cancelled at any time. Failure to abide by all of the conditions associated with a TRP will result in revocation and will prevent renewal. Each TRP has an issuance date and an expiration date. A TRP can be issued for a single day or can be granted for up to 3 years. TRPs may be renewed.
Ordinarily, TRPs are issued to permit travel to Canada for work, to visit an unwell family member, or to attend a family wedding.
Unlike other immigration arrangements, TRPs are issued for each member of a family. Once a determination of inadmissibility is made, the family members who are traveling with you are usually deemed to be inadmissible. However, if it is determined that under the circumstances, the family can enter Canada, each family member must submit their own application for a TRP and fees, although these applications should be submitted together to assist in processing.
Obligations of a Permit Holder
If Immigration, Refugees and Citizenship Canada (IRCC) determines that you can enter Canada despite an inadmissibility and lack of refugee or protected person status, you will be issued a TRP. There are obligations connected with holding a TRP:
- Abide by all of the laws of Canada
- Take any action required to resolve your inadmissibility; and
- Leave or request another TRP before the expiration of your initial TRP
The nature of your inadmissibility will determine whether you can resolve the conditions of your inadmissibility, and whether you need to leave Canada in order to do so.
What Is a Temporary Resident?
A temporary resident is a foreign national who is allowed to enter Canada legally, but only temporarily. Temporary residents are visitors, students, some workers, or temporary resident permit holders. Only foreign nationals physically located in Canada can hold temporary resident status. IRCC processes applications for temporary resident status under these possible categories:
- Temporary resident visas
- Electronic travel authorizations
- International students
- Temporary students
- Temporary workers
- Temporary resident permits
Determining Eligibility of a Temporary Resident Permit in Canada
A TRP may be issued to a foreign national, and accompanying family members, who is inadmissible or who does not fit into the definition of refugee or protected person.
Issuing a TRP is a discretionary act and the TRP can be cancelled at any time. To issue a TRP, the government balances Canada’s social, humanitarian, and economic commitments to the health and security of Canadians with the need of the foreign national. In making a determination of whether to issue a TRP, these factors are considered:
- The need for the foreign national to enter or remain in Canada is compelling
- Whether the need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society
Conditions on Temporary Resident Permit Holders
A TRP is valid for a specific period of time—as little as one day or up to 3 years—and may include restrictions that limit the activities of the holder. As a TRP holder, you must, at a minimum:
- Comply with the conditions imposed on your TRP
- Must not work or study without a work or study permit, which is separate from the TRP
- Cannot reenter Canada without prior authorization
- Must leave Canada at the end of the authorized period of stay
A TRP may be renewed upon completion of a renewal application.
What Is Considered When Assessing Your Application?
To be issued a TRP, the nature of the inadmissibility will be examined and balanced against the health and welfare of Canada. A medical condition, such as untreated venereal disease, tuberculosis, serious mental health conditions, or substance abuse can pose a serious threat to Canadians and might prevent issuance of a TRP.
A prior criminal conviction, less than 5 years from the completion of the sentence and parole, will also be examined to determine whether this personal history presents a current threat to Canadians. Not all criminal convictions are disqualifying. Now that Canada has revised its DUI laws, a prior driving under the influence conviction might be considered a serious criminal offense. Serious crimes include violent crimes, theft, and burglary.
The issuance of a TRP is a discretionary act that is dependent upon the quality of the story you tell in your application.
What If You Require a Temporary Resident Visa to Enter Canada?
A temporary resident visa (TRV) is different from a temporary resident permit (TRP). A TRV is issued to a foreign national who wants to visit Canada on vacation, visit with family, or conduct business. A TRV is limited in length of stay and may be subject to additional conditions.
Your application will demonstrate that you:
- Will leave Canada at the end of your stay
- Show that you have enough money to maintain yourself and your family while in Canada and enough to return home
- Do not intend to work or study in Canada unless authorized to do so
- Will be law-abiding and have no record of criminal activity
- Not a risk to the security of Canada
- Are in good health
A holder of a TRP might also need to apply for a TRV.
What If You Leave Canada Before Your Request for TRP Has Been Finalized?
Of course, you are free to leave Canada at any time, but if you leave before your TRP application is finalized you risk being barred from reentering Canada. You will have to resolve the inadmissibility before returning to Canada.
Begin Your Temporary Resident Permit Application Now With Trusted Immigration Counsel
If you are seeking a Temporary Resident Permit, you can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Completing the application process and gathering all of the supporting documentation can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can apply for a Temporary Resident Permit once we determine your eligibility.
Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility to apply for a temporary resident permit and to help you through the various steps needed to secure your status.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.
Call us now to book a time: 778-331-1164.