Temporary Resident Permit: A Comprehensive Guide

Canada offers many means by which people worldwide can travel to work, study, or find a new home. Though the country offers expansive immigration routes, some people may not be permitted to visit Canada. Reasons for such inadmissibility may vary, depending on individual circumstances. The Temporary Resident Permit (TRP) is a unique route that allows inadmissible persons into Canada for a specific time. 

In this blog post, we will learn about the Temporary Resident Permit, what it is, who can get one, how to get one, and its associated rights and responsibilities. 

What is a Temporary Resident Permit?

A TRP is issued by Immigration, Refugees and Citizenship Canada (IRCC) to allow an otherwise inadmissible individual to enter or remain in Canada. The individual could have been previously convicted of a criminal offense, have a medical condition, etc., that prevented them from entering the country. 

If the reasons for visiting outweigh the risks concerning the person, a TRP will be granted. For example, the IRCC allows the entry of inadmissible individuals to attend a business meeting or visit a sick family member. It is essential to understand that getting a TRP does not mean the person gets permanent status or permission to live longer than planned. There should be no break from the duration of stay granted.

Eligibility for a TRP

A Temporary Resident Permit in Canada is not for all. A TRP is only available to those who can show a compelling reason for the inadmissible individual to be allowed into the country. The IRCC will determine if permitting that individual to enter Canada negates all potential risks it can bring to the country.

Who Qualifies for a TRP?

Criminal Convictions: If an individual has a criminal record that inhibits their admissibility into Canada, they can apply for a TRP if they have a valid cause to enter Canada.

Medical Issues: To ensure public health and safety, Canada does not allow individuals with certain medical conditions. A TRP allows for temporary entry into Canada for treatment or other reasons.

Other Reasons: People with previous immigration violations, like overstaying a visa, could apply for a TRP.

The temporary resident status is crucial, but deciding to issue a permit is also discretionary. The IRCC evaluates the applicant’s case and asks them to submit detailed documents explaining the reason for the visit and why they should be permitted entry.

Application Process for a TRP

The application process for a TRP involves considering several factors. Knowing them is essential to avoid delays or denial. Here is a simplified explanation of the TRP application process:

1. Determine Eligibility: Even though the applicant is inadmissible, they must ensure their reason for seeking a TRP is valid.
2. Complete the Application Form: The applicant must complete a detailed legal form providing personal information, reasons for inadmissibility, and reasons for visiting Canada.
3. Submit Supporting Documentation: Supporting documents must be submitted when applying for a TRP. This may include a letter saying you must go to Canada, criminal or medical records, proof of bonds to your country of origin, or evidence of the event you will attend.
4. Pay the Application Fee: The TRP application has a processing fee, which must be paid at the time of submission. However, this fee is not refundable, even if your application gets denied.
5. Submit the Application: Depending on whether the individual is applying from within Canada or outside, the application can be submitted at a Canadian consulate or any port of entry.

TRP Processing Time

The processing time of a TRP application differs depending on how complex your case is and where you apply. It takes several weeks or months, depending on whether you apply while in Canada. A TRP applied at the airport or border checkpoint is likely processed faster.

Rights and Responsibilities of a TRP Holder

Individuals granted a TRP must follow several rights and limitations. The holder may enter and stay in Canada for the permitted duration, provided they abide by specific rules.

Rights of a Temporary Resident Permit Holder:

• Limited Stay: A TRP holder can remain in Canada for the same time specified on their permit, which may be for a few weeks to a few years.
• Work or Study Rights: A TRP holder can sometimes work or study in Canada. If granted, the permit will explicitly mention these rights.

Responsibilities of a TRP Holder:

• Adherence to Permit Conditions: The TRP will outline specific conditions, such as the reason for your visit or restrictions on activities you may engage in while in Canada.
• Obey Canadian Laws: During their stay, TRP holders are bound to adhere to all Canadian laws. If called, the permit may be canceled, and they may be expelled from Canada.
• Renewal or Departure: Once their TRP expires, the individual must leave Canada unless they have applied for an extension or another status. If an extended stay is needed, reapplication is necessary well before the expiry date.

How is a Temporary Resident Permit Different from a Temporary Foreign Worker Permit

Differentiating between a Temporary Resident Permit and a Temporary Foreign Worker Permit is essential. Both permits grant permission to individuals to enter Canada for a temporary time. However, their legal status may differ, or their reasons for visiting can be completely different.

• Temporary Resident Permit Holder: A temporary resident permit holder is someone who has committed an offence that has made them inadmissible to Canada. The TRP granted to them may or may not authorize them to work or study in Canada.
• Temporary Foreign Worker: Under the Temporary Foreign Worker Program (TFWP), a temporary foreign worker enters Canada temporarily to work for a particular employer, usually for a specified time.

A temporary foreign worker is granted admission into Canada to work under an agreement, and a temporary resident permit holder overcomes a barrier to enter Canada (usually unrelated to employment).

Conclusion

If an individual is inadmissible to Canada and wishes to visit temporarily, they will require a Temporary Resident Permit. It is a unique way to find a way back to Canada for a few days, weeks, or months.

The TRP allows entry to individuals for a short stay under conditions that the TRP holder adheres to the rights and responsibilities. As the name suggests, this permit is only temporary and does not mean the individual gets permanent residency. Under some special circumstances, a TRP can also allow the applicant to work or study in Canada. 

It offers a unique opportunity for ineligible people to come to Canada if they’re looking for suitable options. Applying for a TRP is a simple process. However, understanding the eligibility requirements or legalities requires the expertise of professionals. An immigration lawyer can assist in applying for a TRP while minimizing the likelihood of getting the application rejected. At Kurzfeld Law Firm, we help you understand the complexities of Canada’s legal procedures and help you get your applications through without any delays.

FAQs

1. Can I re-enter Canada with a TRP?

A Temporary Resident Permit comes with a designated stay time. One can only re-enter Canada with the same TRP if an extension is applied well before the expiry date. Usually, a new TRP must be applied every time the individual visits Canada.

2. Can a TRP lead to permanent residency?

No, a TRP does not lead to permanent residency. Unlike the various immigration routes, TRP is permission granted by the IRCC for inadmissible individuals to visit Canada for a valid purpose. 

3. Can I apply for a TRP while inside Canada?

TRP can indeed be applied for by an applicant still in Canada. That depends on the circumstances and the individual’s past offences, which made them inadmissible.

4. Can I renew a Temporary Resident Permit?

Of course, your stay in Canada under a TRP can be renewed. However, you need to apply for an extension before that date expires. An extension will only be given after your application is assessed.

5. Is a TRP different from a visitor visa? 

TRP and visitor visas are different. While both permit individuals to enter Canada, a visitor visa is for admissible individuals, and a TRP is for inadmissible individuals.

6. Can TRP holders sponsor family members?

TRP holders are inadmissible people temporarily allowed into Canada under certain conditions. They cannot sponsor family members.