Temporary Resident Permit (TRP)
A TRP (Temporary Resident Permit) is a document that authorizes a person who is inadmissible (does not meet the requirements of the Immigration and Refugee Protection Act ) to enter or remain in Canada. A TRP is only given to a person if their need to come to Canada or stay in Canada outweighs the risk of that person being in the country. Inadmissibility means there is a medical condition, recent or past criminal conviction(s), financial concern(s), you misrepresented information in your application or there are serious criminal concerns that cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP. Some examples are:
- You were not examined when you entered Canada;
- You did not obtain a temporary resident visa (TRV);
- Your visa expired before you entered Canada;
- You did not have a passport, or it expired before you entered Canada;
- You overstayed your period of authorized stay; or
- You worked or studied without authorization (a permit).
Those who are deemed ineligible to enter Canada but have a legitimate reason to visit the country require a Temporary Resident Permit (TRP). TRPs can address medical or criminal inadmissibility issues. If someone is ineligible due to a criminal conviction, and it occurred within the last five years, a TRP might be the most viable option for travel to Canada. In cases where a person is deemed inadmissible, their accompanying family members may also face inadmissibility and must individually apply for and obtain their own TRPs before being allowed entry by a border officer.
Duration of TRP
A TRP is valid for a specified period of time. Printed or written on your TRP will be either a “Date of Issue” and “Expiry Date” or a “Permit in force from” and a “Permit in force until date”. Your TRP is valid according to the “Expiry date” or the “Permit in force until date”. If your TRP is still valid you can apply for another TRP. You should apply before the “Expiry date” or the “Permit in force until date” on your current TRP.
The duration of your TRP may limit access to certain services. For example, permit holders may only apply for a work or study permit if their TRP has a validity of more than six months. Once granted a TRP and present in Canada, the individual must comply with specific conditions to remain within the country. Departing and re-entering Canada requires proper authorization, and when a TRP reaches its expiry date, the holder must leave Canada.
As a TRP holder, it is essential to be aware that you cannot restore your temporary resident status as a TRP holder. If your TRP has expired, or if you have failed to adhere to any of its conditions, such as working or studying without authorization, you are in violation of the Immigration and Refugee Protection Act. Consequently, you may face an admissibility hearing, which could result in your removal from Canada.
Who is not eligible for TRP?
Individuals who have claimed refugee status in Canada and had their claim refused, withdrawn, or abandoned may not apply for a TRP within 12 months from the date of the refusal, withdrawal, or abandonment of the refugee claim. If such a person decides to apply for a TRP after the 12-month ban period, the immigration officer handling the application will disregard the reasons for the refugee claim and solely assess the merits of the request for a TRP.
Government Fee
- Application fee- Per person ($200.00 CAD)
- Biometric fee ($85.00 CAD per person)
- Biometric fee- per family-2 or more people ($170.00 CAD)
A Temporary Resident Permit (TRP) can also serve as a valuable option for individuals who find themselves in a situation where they no longer meet the requirements of the Immigration and Refugee Protection Act (IRPA) or its Regulations (IRPR) to remain in Canada. In such cases, a TRP can provide a lifeline, allowing them to continue their stay in Canada on a temporary basis. Here’s more information about this scenario:
TRP as a Solution When All Other Avenues are Exhausted:
- Inadmissibility Issues: Sometimes, individuals who were initially eligible to stay in Canada may encounter unforeseen circumstances that render them inadmissible under IRPA or IRPR. This inadmissibility can be due to various factors, such as criminal convictions, immigration violations, or medical conditions that have arisen during their stay.
- Exhausted Options: When individuals exhaust all available avenues for regular immigration status, such as work permits, study permits, or permanent residency, they may face the risk of removal from Canada. This can be a distressing situation, especially if they have established their lives in the country.
- TRP as a Temporary Solution: In cases where all other options have been exhausted, applying for a Temporary Resident Permit (TRP) can offer a temporary solution. A TRP, if approved, allows the individual to remain in Canada temporarily, even if they no longer meet the standard requirements for permanent residency or other permits.
- Demonstrating a Compelling Need: To achieve success with a TRP application in this context, it’s crucial to demonstrate a compelling need or reason for staying in Canada. This could include humanitarian or compassionate grounds, such as family ties, employment opportunities, or significant community contributions.
- Seek Legal Advice: Given the complexity of such cases and the potential consequences of inadmissibility, it’s highly advisable to seek legal advice and assistance from an immigration lawyer or consultant experienced in TRP applications. They can help build a strong case, gather necessary documentation, and present a compelling argument for your TRP application.
- Temporary vs. Permanent Solutions: It’s important to note that a TRP is a temporary solution, providing relief for a limited duration. Individuals seeking a more permanent resolution may need to explore other options, such as Criminal Rehabilitation for those with criminal convictions, or addressing other inadmissibility issues.
- Compliance with TRP Conditions: If granted a TRP, individuals must strictly adhere to the conditions specified in the permit. Failure to comply can result in its revocation and potential removal from Canada.
In summary, when individuals find themselves in a situation where they no longer meet the requirements of IRPA or IRPR to stay in Canada, a Temporary Resident Permit (TRP) can be a lifeline, allowing them to continue their stay on a temporary basis. Seeking legal guidance, providing strong evidence of a compelling need to remain in Canada, and ensuring compliance with TRP conditions are essential steps in achieving success with such applications.