What is a Temporary resident permit?

A person who wishes to enter Canada either as Temporary or Permanent resident, must comply with the Canadian law (Act) or Regulations. A Temporary resident permit (TRP) may be issued to those who are otherwise inadmissible or non-compliant with the requirements.

Inadmissibility means a person has a criminal conviction, medical or financial concerns, serious criminality or any misrepresentation posing a risk to the country. Other than that, a person can be found non-compliant if they have failed to meet the requirements of the Canadian law i.e. if they are travelling without visa or with a valid/expired passport or if they are studying/working without authorization or if they overstayed in Canada etc. In both these cases, a person is not allowed to enter Canada and is inadmissible.

 

Eligibility and non-eligibility

To be eligible for a TRP, an individual must convince the officer of his/her compelling reasons to enter Canada and it is under discretionary powers of the processing officer to issue TRP if those reasons outweigh any risks to the Canadians. However, the onus is on the applicant always to prove those compelling reasons. A TRP is issued for a limited period and may be extended from inside Canada.

A failed refugee claimant may not request a TRP if less than 12 months have passed since their claim was rejected, withdrawn, or abandoned. They also may not request a TRP unless at least 12 months have passed since the last rejection of their claim by RPD, RAD or decision on the application for leave and judicial review from the Federal Court.

 

Renewal and Conditions:

The maximum validity of a TRP is for three years. A TRP may be extended depending on the compliance of conditions on it. While issuing so, the officer may impose, vary or cancel the conditions on it.  As a TRP holder, they are not allowed to work or study in Canada. They must leave Canada at the end of their stay and cannot re-enter without prior approval. The extension should be applied before the Expiry date and the usual processing time for the application is around 3-6 months. Before applying for a new TRP, make sure that there is enough time remaining on your passport because it can affect the length of the permit.

Although TRPs are only issued in exceptional circumstances, they may be cancelled at any time. A TRP is not a visa or study/work permit. It is a document issued specifically to the person who is inadmissible. An inadmissible person travelling along with other family members makes them inadmissible as well. In that case, a TRP may or may not be issued to the individuals separately.

 

Temporary resident permit holders status:

A person with TRP is both a permit holder and a temporary resident. This status does not overcome their inadmissibility or non-compliance. Depending on their inadmissibility, they may be asked to provide additional documentation or may be asked for an interview or even may be prevented to apply the permanent residency. If their permit is valid for more than 6 months, they may apply for a work or study permit.

 

For more information please contact our team:

Whitelight Immigration Services Inc.

Ph: 236-863-6001

Email: [email protected]

 

 

Disclaimer: This reference of this article is from www.canada.ca and is written to provide general information and understanding of this topic, not to provide specific legal advice. The reliance on any of this information is solely at your own risk. We encourage you to consult with the appropriate legal professionals.