TRP – Temporary Resident Permit to Canada – A Remedy for Inadmissibility
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 two times more than 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 community service for one year. 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 if he could obtain a Temporary Resident Permit (TRP) and comfort her mother 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 to inadmissibility is receiving a Temporary Resident Permit (TRP) from the Canadian immigration authorities (the IRCC).
What is TRP?
TRP is permission to stay in Canada for a limited period. A TRP could be valid for one day and 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 for you, depending on your nationality (the US Citizens are exempt from eTA or TRV and do not need extra 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 inside Canada and approve your TRP, you do not need to leave the country, and you may stay for as long as the TRP is valid.
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How to get a TRP?
- apply in the paper to the appropriate visa office responsible for your country of nationality or residence,
- clearly request for 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 potential use of social assistance in Canada, eligibility for a record suspension or rehabilitation, and previous removals from Canada).
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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 application), you need to submit it to Visa Application Centre. Visit the IRCC website to find out the office you need to mail your application.
Of course, if you are inside Canada, you need to submit it to an office inside Canada.
The benefits of a TRP
- 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 who is inadmissible to Canada or because of the 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 need to stay in Canada continuously. This means you need to apply for multiple TRPs, and each time you show to the officer, you meet the requirements.
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 only focuses on the merits of the request for a TRP.
What is the Validity of a TRP?
As I mentioned earlier, a TRP’s validity could be between one day and three years (note to practitioners – see section 63 of the IRPR). 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 for as long as you stay in Canada, and it has not reached the expiry date. If you are still in Canada and your TRP will expire soon, you may apply for a new TRP, but you have to go through the same process (i.e. submitting all the forms, documents, and the processing fee).
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If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
The characters and places in the articles:
All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.
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