Founder and Principal Consultant
-
PurposeTRPs are issued when an individual is inadmissible due to criminality, medical concerns, misrepresentation, or security issues, but still has a valid reason to visit or stay in Canada.
-
DurationTRPs can be single-entry (valid for one visit) or multiple-entry (valid for up to three years).
-
Discretionary DecisionIssuance is at the discretion of Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) officers. There is no guarantee of approval.
-
Application TimingCan be applied for before entering Canada or at a port of entry (e.g., an airport or land border crossing).
What is a TRP in Canada?
A temporary resident permit is issued under section 24 of the Immigration and Refugee Protection Act. It allows a person who is inadmissible, or who does not meet a requirement of the Act, to enter or remain in Canada for a limited period. It does not remove the inadmissibility.
How do I make a TRP application in Canada?
A permit can be requested from outside Canada through a visa office, from inside Canada where you already hold status, or at a port of entry. The application has to establish two things at once: a compelling need to enter or remain, and evidence that reduces the perceived risk.
How long is a TRP valid?
Anywhere from a single day to three years. It can be cancelled at any time and it generally ends if you leave Canada, unless the permit itself authorises re entry.
Is a TRP better than criminal rehabilitation?
They do different jobs. Individual rehabilitation is available five years after the sentence was completed and resolves the criminal inadmissibility permanently. A permit is the option when not enough time has passed, or when travel is needed sooner.
Can I apply for a TRP at the border?
It is possible but it is a weak strategy. A port of entry decision is made quickly, by an officer with limited time, and a refusal there makes every later application harder.
What happens if my TRP application is refused?
There is no appeal. The options are a new application supported by the evidence the first one lacked, or an application for leave and judicial review at the Federal Court.
Can I apply for a TRP if I have a criminal record?
Yes, you can apply for a TRP if you have a past conviction, but you must demonstrate that your travel to Canada is essential. In some cases, Criminal Rehabilitation is a better option.
Can I apply for a Study or Work Permit along with my TRP application?
Yes, in some cases, if you are eligible, you can apply for a study permit or work permit along with your TRP application. This is particularly applicable if your purpose for staying in Canada is work or study-related, and you meet the eligibility criteria for those permits. However, each case is assessed individually, and approval is not guaranteed.
How long does a TRP take to process?
Processing times vary and can take 8-12 months, and decisions are discretionary. If applying at a port of entry, a decision may be made the same day.
What happens if my TRP is denied?
- If you are in Canada: If your TRP is denied while you are inside Canada, you will be required to leave the country immediately or by the date specified in the decision. If you do not comply, you may be subject to a removal order, which can impact future immigration applications.
- If you are outside Canada: If denied, you must remain outside Canada or leave if you are inside the country. Alternative options include Criminal Rehabilitation or an appeal in certain cases.
Can I renew my TRP?
Yes, a TRP can be renewed, but renewals are not automatic. You must submit a new application before your current TRP expires, demonstrating that you continue to meet the requirements for temporary residence in Canada.
Does holding a TRP mean I will eventually be eligible for permanent residency?
Holding a TRP does not automatically lead to permanent residency. However, in certain cases, individuals who have maintained valid status in Canada on a TRP for an extended period may be eligible for permanent residence on humanitarian and compassionate (H&C) grounds. Each case is reviewed on its own merits.
What is the difference between a TRP and Criminal Rehabilitation?
A TRP is a temporary solution for those who are inadmissible to Canada, while Criminal Rehabilitation is a permanent solution for individuals with past criminal offenses. If you are eligible for Criminal Rehabilitation, it is generally a better option than continuously applying for TRPs.
Can I apply for a TRP at a port of entry (POE)?
Yes, in some cases, you can apply for a TRP directly at a port of entry (POE), such as an airport or land border crossing. However, this is discretionary, and the border officer may approve or deny the application on the spot. It is recommended to apply in advance whenever possible.
Can I work in Canada with a TRP?
A TRP alone does not grant work authorization. If you need to work, you must apply for a work permit along with your TRP application. Approval is not guaranteed, and eligibility depends on the circumstances of your case.
Who Will Be Working on Your File
Barrister and Solicitor, Pallavi Law Office