Denied Entry to Canada

The Benefits of a Temporary Resident Permit

The-Benefits-of-a-Temporary-Resident-PermitThe Many Benefits of a Temporary Resident Permit

For a foreign national who has inadmissibility issues, they may be desperate and in need of a solution in order to enter Canada. Many foreign nationals from around the world have inadmissibility issues but also have a need to enter Canada, for business reasons for example. In these certain circumstances, a Temporary Resident Permit would be a beneficial solution to their issues. A Temporary Resident Permit allows foreign nationals with inadmissibility issues the opportunity to enter Canada temporarily. Therefore, in this article, I will explain the benefits of a Temporary Resident Permit and where a foreign national can apply for this application.

What is the Purpose of a Temporary Resident Permit

The Temporary Resident Permit was first introduced in 1910 by the Immigration Act. It was previously called the Minister’s Permit and it replaced the previous rights that the Minister had to issue a removal order. Thankfully, now, Immigration and Refugee Protection Act (IRPA) allows Immigration officers to authorize foreign national’s entry into Canada with inadmissibility issues, so long as they meet the eligibility requirements of the Temporary Resident Permit. It is important to note that the Temporary Resident Permit only allows the foreign national to enter Canada temporarily for a specific time frame. The validity period of a Temporary Resident Permit can range from one day to three years depending on why they need entry into Canada. When applying for a Temporary Resident Permit, you must show a significant reason to enter Canada, for instance for business reasons or for family matters. If the foreign national requires entry into Canada to study or work, they would have to overcome their criminal inadmissibility first prior to applying for another permit or visa. Additionally, a Temporary Resident Permit is required for entry into Canada with criminal inadmissibility until the inadmissibility issue has been resolved by an approved Criminal Rehabilitation application and the foreign national has been deemed rehabilitated.

Reasons for Inadmissibility & to Apply for a Temporary Resident Permit

There are many reasons why foreign nationals may be deemed inadmissible to Canada. For instance, if you have been convicted of an offence and five years have not yet passed since the completion of your sentence or if more than five years have elapsed since the completion of your sentence and you have not received a decision on a Criminal Rehabilitation application. In these circumstances, you could apply for a Temporary Resident Permit. Subsequently, circumstances of inadmissibility can include:
  • Criminal Records due to criminal offences such as assault or theft
  • Diagnosis of an infectious disease
  • Involvement in terrorism or with a group that sponsors terrorism
  • Violation of the Immigration and Refugee Protection Act (IRPA)
  • Misrepresentation
  • Inability to financially support yourself or any dependent family members

Where to Apply for a Temporary Resident Permit

There are two ways to apply for a Temporary Resident Permit. Depending on how fast a decision is required will determine which route a foreign national will take. For instance, if the foreign national needs to attend a business meeting in a week’s time, then they should apply for a Temporary Resident Permit at a Canadian port of entry. When applying at a port of entry, the foreign national will receive a decision on their application on the same day. In contrast, if a foreign national is not under time constraints, they may apply for a Temporary Resident Permit at the Consulate level. When applying at the Consulate, the decision will usually take eight to twelve months to receive. However, Citizenship and Immigration Canada (CIC) encourages applicants to proceed through the Consulate level if they have inadmissibility issues. It is important to note that if a foreign national is from outside of the United States, their only option would be applying at any Canadian Consulate. An important factor to consider when applying for a Temporary Resident Permit at either a port of entry or at the Canadian consulate is the attention to detail that the Immigration officer may have when reviewing the application. When applying at the Canadian consulate, the Immigration officer has more time to thoroughly review the documents and application forms in order to determine a decision. In contrast, when applying at the port of entry, the Immigration officer does not have sufficient time to thoroughly review all of the documents and application forms because they try to avoid any delays at the border. Of course, they do their best to analyze all of the information; however, the decision is made the same day so they do not have the same amount of time compared to an Immigration officer at the consulate. Specifically, at the port of entry, the Immigration officer will provide you with an approval or a refusal of your application. If you are approved, you may proceed to enter Canada with your approved Temporary Resident Permit as your authorization. Alternatively, if you are refused, you must diligently proceed to return to your home country, which most of the time is the United States.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for a Temporary Resident Permit. It is also very important to determine and understand your inadmissibility issues before applying for a Temporary Resident Permit. If you are inadmissible to Canada, it is important to note that a Temporary Resident Permit is a difficult application to pursue on your own. It is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients apply and obtain a Temporary Resident Permit. If you believe that you may be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice. With Akrami & Associates, there is always a way!

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