Denied Entry to Canada do I need a TRP
What is a Temporary Resident Permit?With half of your team working in Canada, it did not seem like much of an issue for you to travel there. So when they called with a work-related emergency, you immediately packed and didn’t even worry about the actual visiting. But after tremendous effort of dealing with Canadian Immigration, you were disheartened to find that you had been deemed “inadmissible”. Suddenly, your hopes have faded away. You may be asking “Is this really the end? Is there nothing else I can do to be there at this time?” Don’t give up yet, because there just might be another way! A Temporary Resident Permit, commonly abbreviated as a TRP, can be issued to an inadmissible individual in extenuating circumstances. This permit grants the individual permission to enter or remain in Canada for the duration of the permit.
Who can apply for a TRP and how much is the TRP fees?If you are a foreign national who does not meet the criteria for the IRPA or who has been deemed inadmissible (whether it be for security reasons, financial concerns, misrepresented information, or health reasons) by an immigration officer, applying for a TRP would be beneficial for you. However, individuals who have had their claim for refugee protection be rejected within the last year would not be eligible. The exception to this ineligibility is if the individual is a victim of human trafficking; in that case, an immigration officer may still consider a TRP application. The processing fee for a TRP application is $200 (Canadian). This is a non-refundable fee even if your application is ultimately refused.
What should my TRP application prove?A TRP is only granted if the individual presents a compelling and exceptional need to be in Canada. An immigration officer will weigh the need to be in Canada with the reasons for inadmissibility and the threats they may pose to Canadian society. If the officer believes the need to enter or remain in Canada outweighs the risks to Canadian society, the TRP may be granted. It is important to note that the need to be present in Canada must be adequately justified, regardless of the reason for inadmissibility. Even if the reason seems minor, your need to be in Canada must be clearly proven in order for the application to be considered. Not all officers are able to decide whether the need outweighs the risk; thus, your application should be able to convince a senior officer to decide that your need to be in Canada is strong. This may involve providing documentation (or also including additional documentation) or attending interviews. In some cases of older criminal inadmissibility reasons, you may be eligible for rehabilitation. This will permanently remove the inadmissibility issues. However, an application for rehabilitation may take longer to process than that for a TRP; thus, it is recommended that you apply for both at the same time. If less than five years have elapsed since the sentence was completed, you will be required to apply for a TRP and prove that your risk for further criminal intent is unlikely.
How long will it take to process a TRP?TRPs can take several months to process. Thus, it is suggested that you apply for a TRP well in advance of your anticipated travel date. In the event of an emergency, TRPs can be obtained at a Canadian port of entry, such as an airport. However, reliance on these TRPs is risky, as it may be denied and consequently you will have to leave Canada.
How long can one TRP last?Your TRP is only valid for a set amount of time, as specified by the immigration officer when it was approved. The TRP will include a date of issuance and an expiry date, and thus is only valid until that expiry date is reached. It is illegal to remain in Canada beyond the expiry date (unless another TRP or other permission has been granted). Regardless of the expiry date, the TRP will be invalid as soon as the holder exits Canada (even if this is before the expiry date) unless the holder has obtained special permission to leave and re-enter the country.
What happens if I need to stay in Canada longer than the expiry date?Once the TRP expiry date is reached, you may apply to obtain a second TRP to extend your stay. Each family member must apply for a separate TRP and pay the required fee. The Canada Immigration Centre (CIC) will take into account various factors when reviewing your application for another TRP. Considering factors for the grant of another TRP may include if there was any breach of the conditions of the first TRP, any new inadmissibility issues apart from the initial inadmissibility with the first TRP, or other factors. The CIC may also require that you resolve your inadmissibility issues and provide evidence that the issue has been resolved. If the issue can be resolved but was not, the approval of a second TRP may not be given. If you are to apply for a second TRP, it is important that you do so before the initial TRP expires. You cannot remain in Canada with an invalid TRP while waiting for the processing of a second TRP to be complete, as the second TRP may be denied. Sufficient time must be given both for the application and the processing, as this must be done before the first TRP expires. Moreover, it is important to ensure that your passport is valid for the time taken to process the application as well as the amount of time you wish to stay in Canada, in the event that your application for a second TRP is approved.
Can I only leave Canada when my TRP expires?You can leave Canada at any time, regardless of the expiry date of the TRP. However, you may not apply for a second TRP from outside of Canada. Rather, it is expected that you resolve the inadmissibility issues from the first TRP. An application for a second TRP from outside of Canada will be refused.
As a TRP holder, do I still need to apply for a work or study permit?A TRP will only give you the ability to enter or remain in Canada. A separate work or study permit must be obtained, if you are planning to work or study in Canada. TRP holders may apply for a work/study permit, which can be granted if the TRP is valid for at least six months. If the application for the TRP is submitted at the same time as the work/study permit, the fee for the TRP will be void – however, you must still pay the fee for the work/study permit.
Can I apply for a TRP by myself?TRP applications are available to everyone, so it is theoretically possible to apply without any external assistance. However, the process of applying and providing adequate documentation or proof can become stressful and confusing to an individual with no previous experience in the matter. If you are in need to enter Canada but have been deemed inadmissible for any reason, obtaining legal assistance will help make the process of applying much easier. The team of experienced consultants and lawyers at Akrami and Associates will make the process a hassle-free and smooth experience, and ultimately provide you with a strong application regardless of your reason for inadmissibility. At Akrami and Associates, there is always a way!
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