Purpose of Temporary Resident Permit
Temporary Resident Permit (TRP), was first known as the “Minister’s Permit” which was introduced back in 1910 in the Immigration Act, this new act replaced the previous rights that were given to the Minister to issue removal order (i.e. a deportation, exclusion or departure order). Immigration and Refugee Protection Act (IRPA) allows immigration officers to issue TRP’s to persons that are inadmissible to Canada if they meet the requirements. A Temporary Resident Permit allows the holder to enter and remain in Canada up to the validity period. As a TRP holder the foreign national only has temporary status in Canada which means the holder has to exit once their permit expires. If the TRP holder likes to study or work in Canada their TRP has to be valid for at least 6 months and meet the requirements for either study or work permit. Upon expiration or cancellation of a TRP, the foreign national has to exit Canada immediately to avoid future entry problems.
What is a Temporary Resident Permit?
A Temporary Resident Permit allows a person to overcome their inadmissibility issue that can range from health or criminal inadmissibility. The TRP allows the person to enter Canada for a specified reason and for specific period of time. When applying for the TRP application you must demonstrate significant reasons to enter Canada. If you plan on studying, working or coming to Canada for leisure purposes you would have to take care of your inadmissibility prior submitting any other application. TRP are needed until your criminal inadmissibility has been removed, either through applying for Criminal Rehabilitation application or have been deemed rehabilitated. There are many reasons you can be considered criminally inadmissible to Canada and cause you to apply for a TRP. These reasons include if you have been convicted of an offence and less than five years have passed since the completion of your sentence or more than five years have passed since the completion of the sentence but you have not applied for or received positive decision on an application for Criminal Rehabilitation. If you are eligible for Criminal Rehabilitation and need to travel to Canada urgently it is recommended to apply for both applications. The reason for this is that the TRP is only for temporary basis and the Criminal Rehabilitation is permanent solution to your criminal inadmissibility. So while you enter Canada with a TRP it is good to have your Criminal Rehabilitation application submitted at consulate level to overcome your situation permanently should you meet the requirements.
Where to Apply for TRP?
Temporary Resident Permit can be applied either at the Port of Entry and get a same day decision on your application or submitting an application at the Consulate level which take approximately 8-12 months for processing. Citizenship and Immigration Canada (CIC) highly encourages applicants to apply well in advance if they have inadmissibility issues. Please note, in the United States, only the Canadian High Commissions in New York and Los Angeles currently accept TRP applications. Outside the US, you can submit your TRP application to any Canadian consulate.
Why Immigration Officer may not Grant you TRP?
Usually, officers do not grant Temporary Resident Permits when the foreign national has been refused for permanent resident or temporary resident visas abroad. Other reasons include refused Electronic Travel Authorization (eTA), were denied at the Port of Entry. In rare case the foreign applicant may provide compelling reasons for the officer to issue a TRP even though he/she does not meet the requirements of the Act to enter or remain in Canada. These can include business travelers, persons with family urgency, the officer grants based on the circumstances so that it meets Canada’s social, humanitarian and economic commitments while ensuring the health and security of Canadians is taken care of.
When to issue a Temporary Resident Permit (TRP)?
Temporary Resident Permits are only issued in special circumstances in which the need of the foreign national to enter or remain in Canada outweighs the risks that they might potentially pose. When assessing the risk factors the officer looks the applicants’ history, credibility, previous removals and their intentions to enter Canada. When assessing an applicant’s history the officers looks if there was a pattern of non-compliance with the Canadian immigration regulations and whether the offence was deliberately or accidental or was it due to the person was careless in disregard for the law. When you arrive at the border you are usually interviewed by the immigration officer and they assess the facts presented to them and look into both positive and negative elements of the case. Also, during the interview the officer assesses the facts that are most important, which evidence is most persuasive and which argument is the most compelling or convincing and why. If you had a previous removal order the officer looks into if you have overcome your situation or if there is any other statutory bars against you other than the removal order. The most important part of the assessment is that the officer wants to ensure your stay in Canada is only for temporary basis and will not rely on social assistance from Canada.
Common reasons you may be Denied Entry to Canada
- a criminal record such as DUI, DWI, Misdemeanor, Felony, Assault, Theft Charge
- diagnosed with a contagious disease
- having been involved in terrorism or with a group that sponsors terrorism
- previously violated the Immigration and Refugee Protection Act (IRPA)
- misrepresentation in order to gain or keep status in Canada
- being unable to support yourself or your family financially for your time in Canada
Should I Submit TRP application at Port of Entry or Consulate?
When submitting TRP application at the Consulate level your application is given more attention because the immigration officer has more time to review your documents and statements, whereas if you submit your application at the Port of Entry the officer has to review your documents quickly to avoid delays. When you arrive at the Port of Entry you will be asked by officer to proceed to secondary inspection which is away from the standard traffic line. In here your application is reviewed and you will either receive a positive or negative decision on your application within one or two hours usually. If your application for a TRP is approved you can enter Canada right then, but if it is refused you will be asked to return to your home country immediately. Temporary Resident Permits approximately take 8-12 months to get processed at the consulate level sometimes they are approved or refused faster or longer then the time advertised. Should your application get refused at consulate level then you know you are not able to enter Canada until you are eligible to apply for Criminal Rehabilitation.
Contact Akrami & Associates
If you are in the process of applying for a Temporary Resident Permit (TRP) and would like assistance with your application, consider the dedicated and reliable team at Akrami and Associates. We will be able to assist you with any questions, or help you compose a strong application. With Akrami and Associates, there is always a way!