Understanding Temporary Resident Permits (TRP) for Inadmissibility to Canada

Canada has long been known for its welcoming immigration policies, but there are circumstances where individuals may be deemed inadmissible to the country. However, there is a legal avenue that allows such individuals to still enter Canada temporarily: the Temporary Resident Permit (TRP).

What is a Temporary Resident Permit (TRP)?

A Temporary Resident Permit (TRP) is a document issued by Canadian immigration authorities that allows individuals who are inadmissible to the country to temporarily visit. It is designed for situations where an individual’s reason for entry is deemed valid, and the potential benefits of their entry outweigh any risks posed to Canadian society. This makes the TRP a unique and essential part of Canadian immigration law, offering a pathway for individuals who might otherwise be refused entry.

Who Needs a TRP?

There are several reasons why someone might be inadmissible to Canada, and two of the most common categories are:

1. Criminal Inadmissibility: This refers to individuals who have been convicted of certain criminal offences. The severity and nature of the crime can determine the level of inadmissibility. However, if the individual can demonstrate a compelling reason for entering Canada – such as attending a family event or securing employment – a TRP can be issued to grant temporary entry.
2. Medical Inadmissibility: Individuals who have medical conditions that could pose a risk to public health or impose excessive demand on Canadian healthcare services may be deemed medically inadmissible. In some cases, a TRP can be granted if the person’s entry into Canada is deemed important for a legitimate reason and the medical issue does not pose an immediate or significant risk to the public.

When Would a TRP Be Issued?

A TRP is typically issued when the individual seeking entry to Canada has a valid reason for doing so, even if they are otherwise inadmissible. Some examples of valid reasons include:

• Attending a family event such as a wedding, funeral, or birth;
• Participating in a business meeting or conference;
• Seeking medical treatment in Canada; or,
• Urgent humanitarian or compassionate reasons.

Each case is assessed on its own merits, and the applicant will need to prove that their entry will not pose a threat to Canadian society or public health. The benefits of allowing the person to enter the country must outweigh the potential risks.

How to Apply for a Temporary Resident Permit (TRP):

To apply for a TRP, individuals must submit an application to Immigration, Refugees and Citizenship Canada (IRCC). The application process typically involves:

1. Providing documentation that outlines the reason for the trip to Canada.
2. Explaining why the applicant should be allowed entry despite their inadmissibility.
3. Demonstrating that the benefits of their entry outweigh any potential risks.

It is important to note that a TRP is not guaranteed, and the decision to issue one rests with immigration officials. They will assess the individual’s situation based on the nature of the inadmissibility, the purpose of the visit, and other relevant factors.

Key Takeaways

• Temporary Nature: A TRP is a temporary solution. It does not grant permanent residency and is usually valid for a period of up to three years.
• Risk Assessment: The decision to approve a TRP depends on the assessment of potential risks to Canadian society and public health.
• Eligibility: While individuals may be inadmissible for criminal or medical reasons, a TRP offers a chance for them to demonstrate why their entry is essential.
• Experienced Guidance: Due to the complexity of TRP applications, seeking legal counsel is highly recommended to ensure that the application is properly prepared and presented.

Navigating the intricacies of Canadian immigration law can be challenging, especially for those who are inadmissible but still wish to enter Canada temporarily. A Temporary Resident Permit offers a critical lifeline for individuals who meet certain criteria and need to visit for valid reasons. With the guidance of experienced professionals like Cristina Zohil-Morton and the team at Zohil-Morton Law, applicants can increase their chances of successfully obtaining a TRP and temporarily entering Canada.

If you are facing issues of inadmissibility or are unsure whether you qualify for a TRP, contact us here, or reach Cristina directly at cristina@zomolaw.ca.