Knowing the Temporary Resident Permit

Do you need to attend an important business event in Canada but have been denied entry because of past criminal history? Have you applied to enter Canada on a visa but was found to be medically inadmissible? If you have a criminal conviction or a medical issue that has resulted in your refused entry into Canada and not sure what you need to do, this blog on Temporary Resident Permits will provide you with some useful information to help you understand why you where refused and what you can do to possibly gain entry into Canada.

What is a Temporary Resident Permit

A foreign national who wants to enter or remain in Canada as a temporary resident or permanent resident must demonstrate that they are criminally and medically admissible. The foreign national will also need to meet the requirements under Canada’s immigration law. Those who are determined to be criminally and medically inadmissible and not meet the requirements of Canada immigration law can apply for a Temporary Resident Permit. A Temporary Resident Permit is a document that authorizes a foreign national who is otherwise inadmissible to Canada to enter or remain in Canada for a limited amount of time.

In order to be issued a Temporary Resident Permit, the foreign national must demonstrate to the Officer that their need to enter or remain in Canada, justifies the health and safety risk to Canadian society. Even if you have a minor criminal conviction, such as a Driving Under the Influence (DUI), you will need to show the officer that your visit is justified. If the foreign national is successful, the Officer may issue the Temporary Resident Permit for the duration of your visit to Canada. For example, if you are travelling to Canada to attend a family function, the Officer will issue the Temporary Resident Permit for one week to allow you to enter Canada for the event. The well be an expiration date on the permit and the foreign national will be required either leave Canada by that date or apply to renew the permit before it expires. Once you exit Canada, the temporary resident permit will no longer be valid.

How Do I Apply for a Temporary Resident Permit

You can apply for a temporary resident permit either at the port of entry or at the Visa Consulate in your home country. In submitting your application, you must complete the required government forms and include support documentation that help to explain why you are inadmissible and why you should be allowed to enter Canada. You will need to pay the $200.00 CDN processing fee, which is non-refundable.

If you choose to apply for a temporary resident permit at the port of entry, you will get the same-day decision. This option is better for individuals who have an urgent travel coming up. If you choose to apply to the consulate, you will receive a decision in 8 to 12 months.

Who Can Apply for a Temporary Resident Permit

In order to qualify for a temporary resident permit, you will need to make sure that you meet certain requirements under Canada’s immigration law. You must be a foreign national who has been found to be inadmissible to Canada because of a past criminal conviction or medical condition or one that has been found to not meet the requirements under Canada immigration law to enter or remain in Canada as a temporary or permanent resident. Apart from being inadmissible, you will need to have completed every sentence that was imposed on you and provide proof of that.

Who Cannot Apply for a Temporary Resident Permit

Not everyone is eligible to apply for a temporary resident permit. According to Canada Immigration, a person cannot apply for a temporary resident permit if they have made a claim for refugee protection within the last 12 months and their claim was rejected. If you have not completed the sentences that were imposed on you, then you cannot apply for a temporary resident permit, either.

Contact Akrami & Associates

Those who usually require a temporary resident permit have already been found to be inadmissible to enter or remain in Canada. For this reason, trying to prove to the officer that you should still be permitted to enter or remain in Canada will not be easy. Whether or not you will be approved is under the officer’s discretion. This means that you must give enough reasons to the officer to believe that even though you are inadmissible, your need to enter Canada is more important than any risk your criminal history or medical condition may pose to Canada’s society. Quite frankly, this will not be an easy task. At our firm, we have helped many clients – even those with the most complex cases – to get successful outcomes.

Temporary resident permits are rarely issued and those who are successful are those who have been able to convince the officer that they have good reason to travel or remain in Canada. At Akrami and Associates, we have the experience and track record to help increase your chances of getting a successful outcome. It does not matter how complex your case is, or if you have tried to apply for a temporary resident permit on your own and was refused. No matter the situation, we are ready and able to help you. Here at Akrami and Associates we enjoy helping our clients through even the toughest immigration matter, as there’s always a way!

 

Shabnam Akrami

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