Temporary Resident Permit (TRPs)

PROGRAM OVERVIEW

A Temporary Resident Permit (TRP) may be issued to a foreign national to overcome inadmissibility issues or if they do not meet requirements of the Immigration Refugee and Protection Act. TRP’s are issued by a delegated authority and may be cancelled at any time, but they are in place to make sure that there are ways to circumvent the laws should there be a compelling reason. These are highly discretionary and individualized and as such will be treated on a very individualized basis with the deciding officer being able to weigh out a number of factors, both for an against.

PROGRAM REQUIREMENTS

To qualify for a TRP, the foreign national must first prove that there are compelling reasons why their entry is essential and their presence in Canada outweigh any risk to the Canadian Public. The application will be assessed based on the following criteria:

History or pattern of non-compliance with the Act/Regulations.
Credibility, which should be assessed during an interview and the task is to weigh the facts in a fair and impartial manner, considering both positive and negative elements.
Previous removal
Controversy or any complex, sensitive elements to the case
Social Assistance

Note: A foreign national that applied for refugee protection and was either rejected or determined to be withdrawn or abandoned within the last 12 months is not eligible for TRP. If an applicant was found to be inadmissible based on serious criminality, security reasons or terrorism; a TRP will not be issued or considered.

PROGRAM PRIVILEGES

A TRP can carry privileges greater than those granted to other visitors, students, and workers with temporary resident status. For example, a foreign national who has been issued a TRP for a validity period of at least 6 months can apply in Canada for a work or study permit and may be given access to health or other social services.

COMMON TRAPS, PITFALLS AND MISCONCEPTIONS

While everyone’s case and circumstances are different, there are some common traps, pitfalls, and misconceptions when it comes to applying under this program. Here are some general and common ones we have experienced and encountered throughout the years:

Length of the TRP

The temporary resident permit will be issued at the discretion of the officer and is usually issued to the validity of your reasons to stay. For example, if you are applying to enter for an event in Canada that is one (1) weeklong, then the TRP will be issued for one (1) week. Note that a TRP can be cancelled at any time and if you do leave Canada, then it is no longer valid. If you wish to re-enter Canada, you will need to apply again. Again these are generalities and they can depend on the situation and who is making the decision.

TRP Fee Waiver

The processing fee for a TRP is $200 however you can be waived from applying for this fee for one (1) visit. For example, for some criminal offences, such as an offence defined under section 36(2), you did nothing else to make you inadmissible and there was no jail time served. However, for serious criminal offences, such as robbery or child pornography, this fee waiver will not be applied.

Inadmissible

There are different reasons why one may be inadmissible, or not allowed to enter Canada. This can include medical or criminal inadmissibility, or failure to comply with IRPA, such as those who stay in Canada even though their permits are already expired. If you or any of your immediate family members have inadmissibility issues, they can affect your file, if they are dependent and accompanying. It is best to speak with a consultant and discuss your case should there be any questions regarding inadmissibility.

Family members

Each family member will be judged on their individual case and while you may be granted a TRP, your family member may not. Each family member will be issued their own TRPs and can be found inadmissible depending on the situation.

Applying for other permits

As a TRP holder, you can also apply for extensions to a current permit or another permit. For example, you can apply for a work or study permit if you don’t have a valid one, but you can only do so if your TRP is valid for six (6) months or more. You can also apply for another TRP, which can be done on its own or in conjunction with the study or work permit.

OUR VALUE – HOW WE MAKE THIS EASY FOR YOU

We understand that information can be found on the Internet and there are lots of other consultants or lawyers out there, so things can certainly get confusing very quickly for you. However, our value is in our services and how can simplify a sometimes-complicated process while anticipating and proactively making this whole process easy for you, from the start to the end of your immigration journey. We will guide you and provide:

An affordable service with an individualized payment schedule to suit any budget
Comprehensive documents required for the process, including information and tips that can’t be found on the IRCC website
Personalized immigration advice and solutions that are tailored to your case
Collaboration with a licensed immigration consultant who will communicate and represent your case on your behalf
Support and Assistance through every stage of the process, from the application to the arrival in Canada.

FAQ

Q: I have a criminal record and need to enter Canada. How can this be done?

A: Any case involving criminal records and legality issues will need to be delved further. We suggest you speak to a consultant who can discuss this with you in a consultation so they can get more information on your case and situation.

Q: What documents do you need to provide?

A: This will depend on your situation. For example, if you overstayed the validity of your work permit due to special circumstances that were out of your control, you can provide documents relating to that, such as a doctor’s letter or a new passport. It is your responsibility to prove your case and why the officer should issue you a TRP.

Q: What evidence can be provided to show that we tried to resolve the non-compliance or inadmissibility?

Q: What can we provide as means for support?

A: You will need to provide proof that you can support yourself in Canada and have the financial means to leave Canada. You can also have a supporter and they will need to provide a guarantor’s letter. Documents can include bank statements, employment letters, plane tickets or details of how you plan to leave Canada.

Q: Do you need to give biometrics?

A: If you don’t have valid biometrics, then you will need to do biometrics for this TRP.