What Are Canadian Temporary Resident Permits?
Temporary Resident Permits are issued in exceptional circumstances to allow an otherwise inadmissible foreign national to either enter or remain in Canada. Unlike the reliance on Humanitarian and Compassionate factors or considerations, a Temporary Resident Permit is a temporary fix with respect to inadmissibility. When it comes to criminal offences, a rehabilitation application (more info) may offer a permanent fix.
Who Can Be Granted A Temporary Resident Permit?
Temporary Resident Permits can be granted to individuals who have demonstrated “compelling reasons” to enter or remain in Canada, despite inadmissibility or non-compliance. For example, a Temporary Resident Permit would be appropriate for an individual who has been charged with drunk driving or lack of status, but needs to study or work in Canada.
The consideration of the Temporary Resident Permit is typically based on a needs versus risk assessment. That is, to be eligible for a Temporary Resident Permit your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
A Temporary Resident Permit may be issued at a Canadian visa office outside Canada, at the port of entry, or from within Canada (by the Case Processing Center in Vegreville, Alberta), depending on where the foreign national is making an application or request for entry to Canada. In practice, it is highly recommended that a foreign national who requires a Temporary Resident Permit submit the formal written request to a Canadian consulate before attempting entry.
Temporary Resident Permits are a discretionary instrument and are issued for a limited period of time. The minister may impose conditions, which are usually listed on the document, and a Temporary Resident Permit can be cancelled at any time.
How Long Is A Temporary Resident Permit Valid For?
The initial permit can be issued for up to three years.It is important to be aware that a Temporary Resident Permit is meant to facilitate a temporary residence, and is an exceptional remedy. The permit is deemed cancelled when the foreign national leaves Canada, unless it specifically authorizes re-entry.
Processing timelines for Temporary Resident Permits can vary, from several months to a year, depending on the consular post or processing centre.
How Can I Become A Permanent Resident As A TRP Holder?
Temporary Resident Permit holders may apply for Canadian permanent residence provided that they remain continuously in Canada as Temporary Resident Permit holders for at least three (3) years and do not become inadmissible on other grounds. There is no discretion involved in granting a Temporary Resident Permit holder permanent resident status under the permit holder class. The only criteria are: (1) that the foreign national has held a valid Temporary Resident Permit for the necessary amount of time; and (2) the foreign holder did not become inadmissible on other grounds. A break in continuity may affect the foreign national’s eligibility for permanent residence, thus Temporary Resident Permit holders must be cautious in this regard.
In virtually every standalone Humanitarian & Compassionate we request for a Temporary Resident Permit to be issued in the alternative.
Please contact us today for more information on Temporary Resident Permits, and to discuss whether a Temporary Resident Permit application is right for you in your particular circumstances.