Background
A Canadian temporary resident permit (TRP), formerly known as the ‘Minister’s Permit’, was first introduced in the Immigration Act of 1910, at the same time as a more structured enforcement regime replaced the previous discretionary powers given to the Minister to issue removal orders (i.e. a deportation order requiring the person to leave Canada). Parliament was of the view that, with the ‘strong’ exclusion provisions, there was a need to give the Minister broad discretionary powers to be used in exceptional cases. Parliament was also of the view that this power should be exercised in a transparent manner, which is why, in the Immigration Act R.S.C. 1927, a requirement was put into place for the Minister to report on the number of times this power was exercised each year, categorized according to grounds of inadmissibility. This information is now included in the Department’s Annual Report to Parliament.
Have you been denied entry into Canada? If you have a criminal record, certain medical conditions, have violated immigration rules in Canada or other countries, have been deemed a security risk, or appear unable or unwilling to support yourself financially while you are in Canada, these are just some of the reasons you could be inadmissible to Canada. However, depending on the reasons for your inadmissibility, you may still be able to enter the country. Temporary resident permit (TRP) is issued to a person who has been previously denied entry (or who has not yet been denied entry but is still inadmissible) to Canada but can show a good reason for his or her visit such as travel for business, to visit family, tourism, and many other reasons.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by a Canadian immigration or a Canada Border Services Agency (CBSA) officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified. It is not possible to renew a temporary resident permit. If you wish to stay in Canada longer than the validity of your TRP, each family member who has been issued a TRP must apply for another temporary resident permit. If you may have missed the deadline for extension of your TRP application, a restoration can be availed in 90 days.
ETA Required
If you are a citizen of an eTA-required country, and are refused an eTA, you may be issued a temporary resident permit depending on the nature and circumstances of the inadmissibility and the continuing rationale for travel. 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 about its specific application procedures.
Visa Required
You should submit an application for a temporary resident visa along with supporting documents to explain why you are 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.
Section 24(1) of Immigration and Refugee Protection Act (IRPA) has provision of temporary resident permit (TRP). A temporary resident permit (TRP) may be issued to an individual to enter Canada on a temporary basis who would otherwise be inadmissible to Canada because of his or her security, criminality, health, and misrepresentation matters etc. according to (IRPA) and Immigration and Refugee Protection Regulations (IRPR). A visa officer will weigh the inadmissible person(s) need to enter or remain in Canada against the security and health risks posed to Canadians. A TRP may be issued to an individual for a period not to exceed three years [IRPR 63(d)] and may be extended from inside Canada.
Temporary resident permits are only issued in exceptional circumstances, and may be cancelled at any time. A temporary resident permit is not the same as a temporary resident visa which is issued to visitors, students, or temporary workers who meet the requirements for admission to Canada.
Getting a TRP is a temporary solution to the permanent problem of inadmissibility. You must apply for one every time you intend to enter Canada. However, under certain circumstances you may be able to apply for what’s called criminal rehabilitation, which is permanent removal of criminal inadmissibility. If you are inadmissible to Canada because of a criminal history, you may have already been deemed rehabilitated and do not need a TRP to enter Canada.
Reasons Your Application For A TRP May Be Refused:
If you are in any of the following circumstances, your application for TRP may be refused:
- Your criminal offence occurred very recently
- The officer believes you will re-offend
- You did not comply with the conditions listed on your previous TRP
- You stayed in Canada after your previous TRP expired
- You left and re-entered Canada without obtaining a TRP (even though it is the mistake of the border officer to let you into Canada, it is still your obligation not to enter)
- You are inadmissible to Canada for reasons other than the ones you initially used to apply for your previous TRP
- You worked or studied in Canada without a valid permit
- You submitted a passport with your application which has already expired or is expiring soon
- You did not resolve the situation that causes your inadmissibility even if you were advised to by IRCC
Factors For Consideration Of Your Application For A TRP:
If you are inadmissible to Canada, you must apply for a TRP every time you intend to travel to Canada. Each time you apply, officers consider the following:
- Whether you upheld the conditions and met the obligations of any previous stay in Canada
- Whether you are still inadmissible
- Whether another TRP is justified
- Whether you should be detained or deported from Canada.
IRCC may also require you to take a medical examination. If you are requested to take a medical examination, this will add 3 months to the processing time of your application.
Leaving And Re-Entering Canada With A TRP
If you need a temporary resident visa to enter Canada, you must still obtain this document before attempting to enter Canada even if you have a temporary resident permit.
If you leave Canada before you receive the decision on your application for another TRP, you will be expected to address the issue that is causing your inadmissibility before you return to Canada, through rehabilitation or otherwise.
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