Mike is an American citizen. He has been a law-abiding citizen all his life. However, he ran over a pedestrian in Seattle three years ago. His blood-alcohol level was twice the legal limit. The judge convicted Mike of driving under the influence (DUI), resulting in bodily harm. He served 90 days in prison. Mike also had to do one year of community service. He completed his sentence and community service more than a year ago. Mike wants to visit his ailing mother, who lives in Regina, Saskatchewan. His mother suffers from a terminal disease and currently spends her last days at a local hospice. Mike knows he is inadmissible to Canada, but he wonders whether he could obtain a Temporary Resident Permit (TRP) to comfort his mother-in-law in her last days.

Sometimes a person becomes inadmissible to Canada due to misrepresentation or other reasons such as criminality, security, or medical issues. One potential remedy for inadmissibility is receiving a Temporary Resident Permit (TRP) from the Canadian immigration authorities (IRCC).

What is TRP?

TRP is permission to stay in Canada for a limited period. A TRP could be valid for one day or up to three years. TRP does not allow you to cross a port of entry or board an airplane destined for Canada. As a result, if you are outside Canada and an immigration officer approves your request, they may issue an eTA or a TRV, depending on your nationality (U.S. citizens are exempt from eTA or TRV and do not need additional documents). You are also subject to examination at the port of entry, and a Border Services Officer (BSO) decides whether to let you enter Canada or not. If you are already in Canada and have approved your TRP, you do not need to leave the country and may stay for as long as the TRP is valid.

How to get a TRP?

The application for TRP is similar to an application for a Temporary Resident Visa (TRV). However, you have to consider the following:

• Apply in the paper to the appropriate visa office responsible for your country of nationality or residence,
• clearly request a TRP,
• include all the reasons you believe make you eligible for a TRP,
• include documents related to your inadmissibility,
• pay the processing fee of $200 (some applicants are exempt from the fee, such as those inadmissible under criminality or rather subsection 36(2) of the IRPA, a.k.a the Immigration and Refugee Protection Act).

The officer considers several factors to make sure your reasons for entering Canada outweigh the inadmissibility (e.g. your family ties in Canada, the reasons behind inadmissibility, your history, the credibility of your claims, potential controversies, the possible use of social assistance in Canada, eligibility for a record suspension or rehabilitation, and previous removals from Canada).

Note: Some PR applicants may also qualify for a TRP even if they are not inadmissible to Canada.

Where to submit a TRP

If you are outside Canada, you usually need to submit your application to the visa office responsible for your country. However, if your TRP application accompanies another application (e.g., a study permit), you must submit it to the Visa Application Centre. Visit the IRCC website to find the office to which you should mail your application.

Of course, if you are inside Canada, you must submit it to an office inside Canada.

The benefits of a TRP

If you receive a TRP, you could enjoy the following benefits (subject to approval by an immigration officer):

• You may stay in Canada for as long as the TRP is valid unless changes to your circumstances defy the TRP.
• If the TRP is valid for six months or more, you may apply for a Work Permit or a Study Permit and then work or study in Canada.
• If the inadmissibility is due to being a family member of someone inadmissible to Canada or because of health grounds, and you continuously stay in Canada with valid TRPs for at least three years, you could apply for Permanent Residency of Canada (note to practitioners: see paragraph 65(b)(i) of the IRPR).
• If the inadmissibility is due to criminality (or rather subsection 36(1) of the IRPA), and you continuously stay in Canada with valid TRPs for at least five years, you could apply for Permanent Residency of Canada (note to practitioners: see paragraph 65(b)(ii)of the IRPR)

To be eligible to apply for permanent residency, you must have been continuously in Canada. This means you must apply for multiple TRPs, and each time you show up to the officer, you meet the requirements. Please read the following article for more information:

• Permit Holder Class: from TRP to PR

Who may not apply for a TRP?

If someone claims refugee status in Canada, they may not apply for a TRP within the 12 months following the refugee claim’s refusal, withdrawal, or abandonment. If that person files for a TRP after the 12-month ban, the officer ignores the reasons for the refugee claim (i.e., sections 96 and 97 of the IRPA) and focuses only on the merits of the request for a TRP.

What is the Validity of a TRP?

As I mentioned earlier, a TRP’s validity may be between 1 day and 3 years (note to practitioners: see section 63 of the IRPR). An immigration or CBSA officer may cancel the TRP at any time. If you also leave Canada, the TRP becomes invalid. Under special circumstances, an immigration officer may issue a TRP, which is valid for re-entry. However, this is quite uncommon, so do not count on it. In other words, TRP usually remains valid as long as you stay in Canada and has not reached its expiry date. If you are still in Canada and your TRP is expiring soon, you may apply for a new TRP, but you must follow the same process (i.e., submit all forms, documents, and the processing fee).