If you are visiting Canada and you have a prior conviction that is making you “inadmissible” in Canada, you are to get a Temporary Resident Permit (TRP) that will grant you temporary access to Canada. A way that you can be deemed inadmissible to Canada is, if you have had been convicted of an offence or that you have an outstanding sentence or balance of fees or convictions that need to be paid/ addressed, from the last five years. Even if the offence is classified as a minor one, it is up to the discretion of the issuer of the permit if you should be allowed into Canada. If they believe that your outstanding issues are hazardous, it is up to that specific officer to see if you are a risk to Canadian society. This permit will be giving you temporary access for a specific amount of time in Canada, and it will include an expiration date of when you have access granted.
A TRP can be granted from one day up to three years; depending on the applicant and what their intentions are in Canada. If you’re coming to Toronto for a week long business trip, you can get a temporary permit for that week. The officials are not too lenient with giving extensions as this permit is only valid for the time listed on the application.
If while in Canada you need to have the application extended, you may reapply while still in Canada however, if you do not leave the country when your permit is expired there are consequences involved. If you come from a visa exempt country such as United States and you have been granted a TRP, the permit is only valid until its issue date. For example if you have been given two year TRP then you can enter and exit until the validity of the permit. But if you come from non-visa exempt country such as India meaning you require a Temporary Resident Visa (TRV) and you were granted a two year TRP and you decide to exit Canada but you do not obtain authorization to reenter Canada then the TRP will be invalid and you will need to reapply.
A TRP is not a permanent residency option nor is it a visa; it simply is for temporary entrance if you are considered inadmissible to Canada. This is also not to be confused as a Temporary Resident Visa (TRV). TRV is for travellers that come from non-visa exempt country and like to study, work or just simple come for leisure purposes while TRP is for individuals that have a criminal, health or financial inadmissibility.
Who grants the TRP? Can I get denied?
Even if your offence was from ten years ago, and was something very minor you still may be denied access to Canada. It is up to the officer at the entry port to determine if you are going to be a risk to Canadian Society. If it is something that happened a long time ago (over 10 years), and they do not believe you to be a risk, you will be allowed into Canada and may be considered Deemed Rehabilitated. To be considered Deemed Rehabilitated the officer equates your offence to the Canadian Criminal Code, if he/she believes you are not a risk they may allow you entry. If the officer has doubts that you may be a potential risk then you have to go through applying for either TRP or Criminal Rehabilitation. Criminal Rehabilitation allows you take care of your inadmissibility for permanent basis and the application can be submitted only at consulate level. TRP only takes care of your situation for temporary basis and can be submitted at the Port of Entry for same day decision or submitted at consulate level and wait about 8 to 12 months for the processing time.
There is a $200 processing fee and if your application is denied there will be no refund given, so make sure that you have followed the checklist of the required documents and that you are prepared for all outcomes when trying to access Canada. The TRP is always granted by the discretion of the officer, they are allowed to cancel the permit at any time, in which time it becomes invalid and you are expected to leave Canada. The government fees for Criminal Rehabilitation can be higher depending on the severity of your offence.
If you are wanting to enter Canada temporarily you can have a Temporary Resident Visa (TRV) granted a head of time before you are at Canadian Borders. Anyone who is not from a “visa exempt” country must get this visa to have access to Canada. A Temporary Resident Permit is similar in the facts that you are wanting to have temporary access to Canada, but it is granted to people who are not considered admissible into Canada for a certain reason. If you wanted to become a permanent resident, if you have a TRV it is simpler to obtain than if you had a TRP since you had a conviction that was hindering your chances of entering; generally that conviction would need to be cleared if you were seeking permanent residency. If you are studying or working in Canada and you are applying for a visa for those categories as well, you must make sure that your dates match up. If you are going to be here for a year, then that needs to also be shown on your visa application, and on your TRP.
In order to obtain a TRP there is an application process and a checklist you must follow in order to obtain a permit. With this application you must also submit an application for a TRV, this is a separate application process that has its own set of forms. You will need to explain why you are not being granted access into Canada and why you should have access. There is also as above mentioned, a filing fee of $200 this is then going to be applied to your TRP and it will not be a refundable amount so if you are denied access the funds are not coming back to you. Also if you are from a country where you need to get an eTA (Electronic Travel Authorization) which is a requirement for those who are visa-exempt or non-visa exempt travelers who are travelling through Canada by air; if you are refused the eTA you can be given a TRP if those past convictions are accepted by the visa office, and you are granted a temporary resident permit.
Applying for a TRP might seem like a process that you are able to do complete on your own, however there is a lot of documentation and unknown outcomes that can come from applying. Sometimes you will be fully prepared and ready to apply but, a simple part of the document could be missing. Instead of being denied and having to restart your application process and potentially missing out on the activities you have planned in Canada, get your forms filled out and completed right the first time. Please contact Akrami & Associates so we are able to help you enter into Canada faster, by helping with making your application process smooth and straightforward.
With Akrami &Associates, there is always a way!
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