Temporary Resident Permits
Persons who are inadmissible to Canada can in some instances apply for a Temporary Resident Permit (TRP) in order to enter Canada and/or remain in Canada for a temporary period of time. Such permits are discretionary and may be issued by an immigration officer if they believe that there are compelling circumstances that warrant the admission of the applicant into Canada despite their being inadmissible.
When Will I Need a Temporary Resident Permit?
An example of a situation where a TRP may be issued is where the foreign applicant has a minor criminal conviction that would normally render them inadmissible to Canada, but they need to visit a sick relative in Canada or have some other urgent need to enter Canada. In these circumstances the immigration authorities will consider the risk posed by admitting the foreign applicant and balance this against the compelling reason they need to enter Canada. If the officer finds that the need to enter outweighs any potential risk, they can issue a TRP on this basis.
TRPs can also be issued where an applicant is in Canada and has been reported as being inadmissible or otherwise not in compliance with the law. A TRP can also be issued where the applicant is not technically inadmissible but they are not eligible for the renewal of their regular status in Canada.
How Long is a TRP Valid?
Temporary Resident Permits are valid for up to three years and may be extended. A TRP holder may separately apply for an open work permit or study permit if the TRP Is valid for more than six months.
Temporary Resident Permit to Permanent Residence
There is also a path to permanent residence for those who hold a TRP, with certain exceptions. Those who have remained in Canada with a TRP for a period of 3 years can apply for permanent residence if the reason they are inadmissible is for medical reasons. For all other inadmissibilities, including criminal inadmissibility, the waiting period is 5 years. However, those who are inadmissible for security reasons, human rights violations, serious criminality or organized criminality, cannot apply for permanent residence under the permit holder class.
TRPs provide flexibility for the admission of deserving individuals where normally their admission would be prevented by the law. The Law Office of Matthew Jeffery has years of experience successfully assisting clients with TRP applications.
The Immigration Law Firm of Matthew Jeffery has over 20 years of experience handling temporary resident permits with high success rates. Contact us to see if we can help you.