If you’re otherwise inadmissible but have a reason to enter or stay in Canada that is justified in the circumstances, you may be issued a temporary resident permit (TRP). A TRP is a document that authorizes you, a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) or Immigration and Refugee Protection Regulations (IRPR) either as a temporary resident or as a permanent resident, to enter or remain in Canada.
As holders of a valid TRP, you are both a permit holder and a temporary resident. Despite your status as a temporary resident, you remain inadmissible or in non-compliance and as such may not be eligible for a further period of temporary residence or for permanent residence. It will let you enter or remain in Canada for a fixed period of time. TRP can be issued for up to 3 years. TRP is a perfect choice for people who need a quick way to enter Canada, despite being inadmissible, for business purpose, medical treatment, or family trip.
Inadmissibility or Non-Compliance
It means your medical condition, your recent or past criminal conviction(s), financial concern(s) about you, misrepresentation by you in your application, or serious criminal concerns about you cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP.
It means you directly or indirectly failed to satisfy the requirements of the Act or Regulations. Some examples are:
- You overstayed your period of authorized stay;
- You worked or studied without authorization (a permit);
- You were not examined when you entered Canada;
- You did not obtain a temporary resident visa (TRV);
- Your visa expired before you entered Canada; or
- You did not have a passport or it expired before you entered Canada.
Let us look at some scenarios:
You have never been to Canada before and therefore Authorization to Return to Canada (ARC) does not apply in your case. You do not have any criminal past and therefore Rehabilitation also does not come into play. However, you had applied for permanent residency or temporary residency (parent and grandparent super visa, student permit, or work permit) of Canada in the past and were found to be medically inadmissible. Your child or sibling in Canada is getting married and you have to attend the marriage ceremony.
In this scenario, your only option is to apply for a TRP.
You have never been to Canada before and therefore ARC does not apply in your case. You had a criminal conviction in your home country. However, you are not eligible for Deemed Rehabilitation or Individual Rehabilitation since the required time has not elapsed. You are a professional (examples are athletes, artists, emergency workers, etc) who needs to come to Canada for temporary work.
In this scenario, you can’t wait for time to elapse so that you become eligible to apply for Rehabilitation. Your only option is to apply for a TRP.
You are a US citizen. You were a permanent resident of Canada. You received a removal order for reason of being inadmissible for misrepresentation and left Canada within 30 days. You are barred from entering Canada for 5 years. After returning to US, you were convicted of Driving under Influence (DUI). Your child, born in Canada and your spouse live in Canada. You want to come to Canada for the high school graduation ceremony of your child.
In this scenario, you need to apply for an ARC. However, the ARC will only overcome the inadmissibility for which you were removed which in this case is inadmissibility for misrepresentation. For overcoming criminal inadmissibility (DUI), you will need Rehabilitation. However, since enough time has not passed since completion of your sentence for DUI, your only option is to apply for a TRP.
You are a citizen of a visa exempt country. As an international student in Canada, you were convicted of Impaired Driving (DUI). You received a removal order for the reason of being inadmissible for serious criminality and left Canada within 30 days. Back home, you started an internet security company which is doing well. A big Canadian retailer has approached you for making their website more secure against cyber-attacks. You need to visit Canada for 2 weeks to meet with the company officials and understand their requirements.
In this scenario, you need a Record Suspension (formerly called Pardon). However, since enough time has not passed since completion of your sentence and payment of your fine, you are not eligible for applying for Record Suspension. Moreover, your need of visit is urgent. You are only left with the option of applying for a TRP.
You are living in Canada illegally after your Temporary Resident Status (visitor, student, or worker) expired or you came to Canada illegally. You married or are living in common-law relationship with a permanent resident of Canada. Your spouse or common-law partner has applied for sponsoring you under spouse or common-law partner in Canada class (SCLPC class). You have already left your sponsor, due to abuse, or not yet left your sponsor, due to fear of losing your immigration status.
In this scenario, you can apply for an initial fee-exempt TRP for out-of-status foreign nationals experiencing family violence. This measure also extends access to an initial fee-exempt work permit and Interim Federal Health Program (IFHP) coverage if your conditions warrant such a response.
You are from a visa-exempt country. You were convicted in your country and as per the laws of your country; you obtained pardon after you became eligible. You are under the impression that the pardon granted by your country is universally acceptable. You have to come to Canada for business. When you arrive at the port of entry (POE), Canada Border Services Agency (CBSA) Officer, during questioning, becomes aware of your situation and determines that you are criminally inadmissible to Canada since you have not obtained individual rehabilitation from Canada and sufficient time has not elapsed for you to be considered deemed rehabilitated.
In this scenario, you can apply for a TRP at the POE.
There could be numerous other scenarios/situations when a person who is inadmissible to Canada or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations (IRPR):
- Is outside Canada and has a valid reason to travel to Canada, or
- Is inside Canada and has a valid reason to stay in Canada.
If you are in such a situation, you may be eligible to apply for TRP. If you are eligible, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society. Even if the reason you’re inadmissible seems minor, you must demonstrate that your visit is justified. There is no guarantee that you’ll be issued a TRP.
Applying for a TRP
If you’re outside Canada
If you are visa-required
You must apply for a visitor visa and include supporting documents to explain why you’re inadmissible and why it may be justified for you to enter Canada. You may have to attend an interview so that an officer can assess your application.
If you’re eTA-required
You can apply to the visa office responsible for your country or region. If your application for an eTA was refused, you may be issued a temporary resident permit. This depends on the nature and circumstances of the inadmissibility and reason why you need to travel to Canada. The visa office responsible for your country or region may have its own application form for temporary resident permits. You should check the visa office to find out exactly how to apply.
You can apply at your Port of Entry (POE). The POE could be the airport you arrive at in Canada, an official land border crossing or a seaport. This will normally result in a decision in a matter of hours which means that it’s a much faster way of getting your TRP. However, while there may be occasions when you can successfully apply for a TRP at the POE, it is a risky strategy that could find you being put on the next flight back to where you came from. Issuance of a TRP is entirely at the discretion of immigration officials.
Get in Touch for more information or applying for a TRP.