Temporary Resi. Permit (TRP)

A Temporary Resident Permit (TRP) in Canada is a special authorization for those facing inadmissibility issues, like a criminal record or immigration law violations. It allows temporary entry or stay under compelling circumstances for up to three years, extendable. TRP addresses specific challenges and is crucial for individuals to enter or stay in Canada despite barriers.

Reasons for which a TRP can be a solution

The common frequent reasons foreign nationals are deemed inadmissible to Canada include:

• Out-of-immigration-status.
• Criminal record.
• Contagious disease diagnosis.

• Violation of Immigration and Refugee Protection Act (IRPA).

• In-Canada out-of-status, potentially victims of trafficking in persons (VTIP).

• Experiencing family violence.

• Under a removal order.

• Stateless children born outside Canada to a Canadian parent.

• Deemed a security risk.

• Misrepresentation to gain entry or maintain immigration status.

• Inability to demonstrate financial support during the stay in Canada.

 

Discretionary Decision-Making: The issuance of a TRP is at the discretion of Canadian immigration officers. Each case is carefully evaluated based on its merits, and officers weigh the applicant’s compelling reasons against any potential risks to Canadian society or the health and security of Canadians.

 

Convincing the Officer: Applying for a TRP requires the applicant to present a strong case and convince the immigration officer of the validity of their reasons for entering Canada temporarily. The burden of proof lies with the applicant, who must demonstrate that their entry aligns with Canada’s social, humanitarian, and economic commitments while maintaining the safety of its citizens.

Important Points with respect to Temporary Resident Permit (TRP)

• The Temporary Resident Permit (TRP) serves individuals with health or criminal issues, allowing entry under compelling circumstances.

• It permits a legal stay of up to three years initially, with the possibility of extension while in Canada.

• Eligibility for TRP is not contingent upon completing a sentence, offering flexibility for those still serving their term.

• TRP addresses inadmissibility concerns, providing a pathway for entry or continued stay in Canada despite past issues.

• It is particularly valuable for individuals requiring entry for family, medical, or business reasons, offering a solution to overcome barriers to entry or residency.

Implications if you are criminally inadmissible in Canada

If you are criminally inadmissible in Canada, there are several scenarios to consider:

• Equivalent Indictable Offense: This refers to being convicted of a foreign crime that is equivalent to an indictable offense in Canada. In such cases, you may be considered criminally inadmissible.

• Hybrid Offense: If you have convictions similar to hybrid offenses within the Canadian legal system, it could lead to a determination of criminal inadmissibility.

• Multiple Equivalent Summary Offenses: Being convicted of multiple crimes abroad that are equivalent to summary offenses in Canada may also render you criminally inadmissible.

Ineligible Individuals for a Temporary Resident Permit (TRP)

The following individuals are not eligible for a Temporary Resident Permit:

Failed Refugee Claimants

• Less than 12 months since their refugee claim was:
•        – Rejected by the Refugee Protection Division (RPD).
•        – Determined to be withdrawn after substantive evidence was heard.
•        – Abandoned.
• No appeal made to the Refugee Appeal Division (RAD).
• No application for leave (and judicial review of that application) made to the Federal Court.

Failed Refugee Claimants who have appealed or applied for leave and judicial review

• Cannot request a TRP unless at least 12 months have passed since the last:

– Rejection of the claim by the RPD.

– Rejection of the claim by the RAD.

– Decision on the application for leave and judicial review from the Federal Court.

Exceptions:

• An officer can consider a TRP for a victim of human trafficking, even within the 1-year ban on accessing a TRP under subsection A24(4).

• A person ineligible for referral to the RPD due to a pending pre-removal risk assessment (PRRA) application may not request a TRP.

Apply for a TRP with a DUI

When facing a DUI-related entry denial to Canada:

• Canada may reject entry due to a criminal history, such as DUI.

• Bilateral agreements allow access to databases, making DUI records accessible.

Consider a Temporary Resident Permit (TRP) as a solution

• TRP allows temporary entry despite prior denials or inadmissibility.

• Valid for up to three years, offering a temporary solution.

However, applying for a TRP presents challenges

• Stringent guidelines must be met for approval.

• Denials occur if reasons for entry are deemed insufficient.

Overcoming TRP Refusals

Temporary Resident Permit (TRP) application’s refusals are complex and challenging.

Individualized Assessment

TRP applications are looked at case by case.

• Factors considered: why you’re not allowed, your criminal history, and why you want to visit Canada.
• Refusals happen if you do not give good reasons or enough proof for needing a TRP.

Insufficient Documentation

• Many TRP refusals happen because of not enough paperwork.

• You must give lots of details about why you’re not allowed, what you did to fix it, and why you want to visit.

• If your papers are not good or missing, they might say no.

Seriousness of Inadmissibility

• TRPs are for people with really good reasons to travel.

• If you did serious crimes, especially violent or organized ones, they might say no.

• They think about if it’s risky to let you in compared to why you want to come to Canada.

Lack of Legal Guidance

• Canadian immigration laws are tricky.

• If you do not get good advice, you might miss important things.

• Talking to immigration experts makes it more likely your TRP application will work.

Reapplying after Refusal

• If they say no, it does not mean you cannot try again.

• Fix the problems they talked about and more good info.

• Doing this makes your next try stronger.

Judicial Review:

• Refusal can be challenged in Federal Court of Canada.

FAQs

 

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