The Canadian Immigration authorities may, at their discretion, issue a Temporary Resident Permit (TRP) to people who may otherwise not be eligible to to be admitted into the country.
The reasons for inadmissibility could include security, health or criminality. The temporary permit allows them to stay in the country for a specified duration, for certain compelling reasons that you have to provide evidence of.
This is different from the Temporary Resident Visa (TRV) which is known as the Canadian visitor’s visa. The TRP allows a person to bypass their inadmissibility for a particular reason and a particular length of time. The person also has to show that they need to enter Canada for a specific purpose.
An experienced Canadian immigration lawyer can help you with this process.
Inadmissibility and Reasons for It
It is entirely up to the discretion and judgment of the Canadian immigration authorities and the officer concerned to decide whether entry into Canada is permissible or not.
Denial is based on certain factors. They include:
- Threat to the country’s security
- Espionage
- Subversion
- Violence/Terrorism
- Membership or connections to an organization involved in the above
- Human/International Rights violations
- War Crimes
- Human rights crimes
- Senior membership of a government engaged in such violations
- Criminality
- Organized crime activities
- Conviction of crime committed under alcohol or drugs
- Health
- Posing a danger to public health and safety
- May cause excessive burden on the public health services of Canada
- Financial reasons
- Inability/unwillingness to support self and family
- False information
- Misrepresentation/Withholding of facts
- Having an inadmissible family member
- Previous violations of the Immigration and Refugee Protection Act (IRPA)
There are some exceptions to most of these conditions. An experienced, knowledgeable immigration lawyer will be able to advise you on whether you are eligible to apply for a TRP or not.
If there are conditions of criminal inadmissibility in your case, it’s wiser not apply for a TRP but apply under Criminal Rehabilitation. This is a more permanent solution, rather than the TRP which only provides temporary relief.
One of the advantages of the TRP is that it allows those foreign nationals who are otherwise inadmissible into Canada to temporarily rectify this condition.
What You Need To Know About the TRP
Granting of the TRP is based entirely on the discretion of the immigration authorities. Hence, it’s important to present compelling reasons in your application. Applicants have to demonstrate a very strong reason to enter the country and show robust proof of such a need.
Multiple-entry TRPs may also be granted to criminally inadmissible foreign nationals, for up to 3 years. However, in practice, shorter time periods are given.
This permit has limited validity in terms of duration and it cannot be renewed. A new application has to be made.
Processing time can vary between 1-6 months if your application is submitted to a Canadian consulate. Applications can also be submitted at the Port of Entry (POE). Here your application is reviewed immediately by the concerned authorities and the result is given in an hour or two. However, there is a huge risk of entry being denied. You must return immediately to your country of origin from the border.
How We Can Assist
You may be deemed inadmissible or you may have been denied entry earlier. But if you have a good reason to want to visit Canada, the TRP route is a good possibility. You may have to be in the country for business, family reasons etc. and we can advise you on the application process. You need to understand that this is only a temporary status document and can be canceled at any time without notice.
When you consult with us, we can provide a genuine, swift and comprehensive evaluation of your case. Our assessment test allows us to understand your circumstances and helps us to provide you with the right advice.
One of the most important aspects of your application is the covering letter. This presents in detail the strong reasons why you need to visit Canada. The letter has to be well worded and convincing. It should give all details of your inadmissibility, the circumstances under which you are deemed inadmissible and it should explain that you will in no way pose a threat to Canadian society or government. It should also present the imperative reasons why you need to enter Canada. Details of your stay, time, dates, location etc should also be provided.
We can assist you with writing this letter, since we have the knowledge, skills and experience in drafting them.
The application should also be accompanied by relevant records regarding convictions, medical rehabilitation and treatment etc being completed.
A copy of your itinerary including copies of your airline tickets, hotel bookings (if any), schedules, addresses where you may be staying etc should be included.
You also need between one and three character references. Again, these have to be very nicely worded, from people in some position of authority and who genuinely know you. The authorities may or may not want to contact these people for references, hence their contact details must be included.
Proof of having paid the application fees has to be enclosed.
It’s important to apply well in advance as these cases are not judged as very high priority. If you have a particular date or period in which you need to be in Canada, and you’re evaluated as inadmissible, your TRP application should be made well ahead, to avoid disappointment. The rules/regulations/schedules are subject to frequent changes. We keep abreast of the latest rulings and developments. This can benefit our clients immensely.
