Temporary Resident Permits (TRPs), a form of temporary residence, are crucial for individuals who are otherwise inadmissible to Canada or do not meet the requirements of the Immigration and Refugee Protection Act (IRPA) or its regulations.
What is a Temporary Resident Permit (TRP)?
A Temporary Resident Permit (TRP) is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows individuals who are inadmissible or do not meet the standard requirements for temporary or permanent residency to enter or remain in Canada. The process of obtaining a TRP involves a temporary resident permit application. TRPs are issued at the discretion of an immigration officer and are typically granted only in exceptional circumstances.
When Are TRPs Used?
TRPs are used in situations where an individual’s entry or stay in Canada is justified despite their inadmissibility. Reasons for inadmissibility can include medical conditions, criminal record, criminal convictions, or non-compliance with immigration regulations. TRPs are also used when there are compelling reasons for a person to enter or remain in Canada, such as urgent medical treatment, family reunification, or humanitarian considerations.
How Do You Know If You Need a TRP?
You may need a TRP if you are inadmissible to Canada for reasons such as:
Medical Inadmissibility: If you have a health condition that could pose a risk to public health or safety or cause excessive demand on health or social services.
Criminal Inadmissibility: If you have been convicted of a crime, either in Canada or abroad.
Non-Compliance: If you have violated immigration laws, such as overstaying your visa or working without authorization.
A foreign national may need a TRP if they are inadmissible to Canada.
Can You Apply for a TRP at the Border?
Yes, you can apply for a TRP at a Canadian port of entry (border) or through a visa office before traveling to Canada. Applying through a Canadian consulate is an alternative to applying at the border. Applying at the border is generally reserved for urgent cases where there is an immediate need to enter Canada. When applying at a border, you must provide compelling reasons and supporting documentation to justify why you should be granted a TRP despite your inadmissibility.
What If I Had a TRP in the Past? Does That Mean I Will Get One Again?
Having been granted a TRP in the past does not guarantee that temporary resident permit holders will receive one again. Each application is assessed on its own merits, and the decision is at the discretion of the immigration officer reviewing your case. It is important to provide thorough and updated documentation to support your new application, addressing any changes in circumstances or additional reasons for your request.
How Often Can I Travel on My TRP?
The validity of a TRP varies, and it will be indicated on the permit itself. TRPs can be valid for a few days to several years, but the maximum duration is typically three years. The conditions of your TRP, including how often you can travel, will be specified in the permit. Generally, re-entry to Canada on a TRP requires prior authorization, and leaving Canada without it may result in the invalidation of your TRP.
A visitor visa, on the other hand, is different from a TRP and does not allow individuals to work or study in Canada.
Obligations of a TRP Holder
As a TRP holder, you are expected to:
Abide by Canadian laws, which helps mitigate health or safety risks to Canadian society.
Take action to resolve your inadmissibility.
Leave Canada or request another TRP before your current one expires.
Can I Work or Study on a TRP?
You can apply for a work or study permit if your TRP is valid for more than six months. TRP holders are not automatically authorized to work or study; they must obtain the appropriate permits.
Additionally, holding a TRP can be a step towards applying for Canadian permanent residence.
How TRPs Are Assessed
When assessing a TRP application, officers consider:
Whether the applicant has met the conditions of their stay.
Whether the applicant remains inadmissible or in non-compliance.
Whether another TRP is justified under the circumstances.
Whether enforcement action is warranted.
The potential impact on Canadian society, ensuring the individual's need to enter or stay in Canada outweighs any health or safety risks.
Why you should hire AKM Law as your immigration lawyer for your TRP Application
Hiring AKM Law for your Temporary Resident Permit (TRP) application significantly enhances your chances of success. With extensive experience and expertise in handling complex immigration cases, the team at AKM Law ensures your application is thoroughly prepared and meets all legal requirements. They provide personalized service, understanding your unique circumstances and tailoring their approach to best address your needs. AKM Law assists in gathering and organizing necessary documents, presenting a strong and compelling case with clear, persuasive arguments. Their strategic presentation highlights the exceptional circumstances justifying your TRP, increasing the likelihood of approval. AKM Law can also assist in dealing with the Canada Border Services Agency during the TRP application process, ensuring all interactions are handled professionally and effectively. Navigating the legal complexities on your behalf, AKM Law reduces the risk of errors and procedural hurdles. In case of initial refusal, they offer robust advocacy and representation in appeals or hearings. Throughout the process, they maintain clear communication, keeping you informed and providing ongoing support. By hiring AKM Law, you benefit from a dedicated team committed to achieving a favorable outcome, allowing you to focus on other aspects of your life with peace of mind.
