If an individual is inadmissible to Canada, due to criminal, security or medical reasons, but requires entry to Canada, they may be eligible for a Temporary Resident Permit Canada (TRP). Kindly note that the following information is not about Temporary Resident Visas (TRV), commonly referred to as a Canadian Visitor Visa.
A TRP allows an individual to overcome their inadmissibility for a specified reason and for a specific period of time. The applicant is required to demonstrate there is a significant reason they must enter Canada. A person who is criminally inadmissible to Canada, is inadmissible for work, study, visitation purposes and is prohibited from submitting an application for Canadian permanent residence. A Temporary Resident Permit will help an inadmissible person gain entry to Canada, though only on temporary grounds. In other words, a TRP can only be used for entry to Canada as a foreign worker, foreign student or as a visitor but not for any permanent residency processes.
A Temporary Resident Permit Canada is required until such time as criminal inadmissibility has been removed, either through applying for the criminal rehabilitation process or deemed rehabilitation. There are several different circumstances that could result in criminal inadmissibility and cause a person to need a TRP. For example, if a person has been convicted of an offence and:
• Less than five years have elapsed since the completion of the sentence
• More than five years have elapsed since the completion of the sentence and the inadmissible person has not applied for, or received, a positive decision on an application for criminal rehabilitation
It is important to note that individuals who are eligible for criminal rehabilitation but who have not yet applied and require entry to Canada, should not only apply for a TRP but for Criminal Rehabilitation as well. Criminal Rehabilitation is a permanent solution to criminal inadmissibility, while a TRP is a temporary bridge for inadmissibility.
Applicants can apply for a TRP at Canadian visa office or at a port of entry. The Canadian government encourages individuals to apply well in advance if they know they must enter Canada and are inadmissible.
FWCanada has published several infographics about criminal inadmissibility and temporary resident permits such as:
- Mapping your criminal inadmissibility to Canada
- Your Guide to Temporary Resident Permits
- Travelling with a Criminal Record
- Fishing in Canada and Travelling with a Conviction
For information on how FWCanada can assist you with your application for a Temporary Resident Permit Canada, contact us here. An immigration attorney will give you peace of mind as well as the assurance of a complete and well rounded application.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.