What is a Temporary Resident Permit (TRP)?
A TRP is a legal document issued by Immigration, Refugees and Citizenship Canada (IRCC) to people who are either ineligible for any immigration programs or inadmissible to Canada.
For people outside Canada, a TRP may allow them to enter Canada. Whereas for those in Canada, it allows them to continue to stay.
Note that a TRP does not solve your ineligible or inadmissible issues. It simply grants you the status to enter or stay in Canada.
Inadmissible to Canada
If one person is inadmissible to Canada, it means either they can’t enter Canada, or their application will be rejected. If they are in Canada, they will be ordered to leave.
Some common grounds of this include criminal records, medical issues, and misrepresentation.
When should I consider a TRP?
Generally, you may consider a TRP when you have found that you are ineligible or inadmissible.
However, depending on your inadmissible ground, you may have to first look for other solutions. For example, if you have a criminal record, then you need to see if you are eligible for either a record suspension or rehabilitation. To learn more about these processes, please visit our Service page.
Am I eligible to apply for a TRP?
A TRP may be available for people who are ineligible or inadmissible, even for those who have the most serious inadmissible ground.
However, there are limits on refugee claimants. Precisely, a refugee claimant whose claim is being processed can’t apply for a TRP. Further, there is a 12 months ban for those who failed their refugee claims.
What to consider when applying for a TRP?
First of all, you must have a compelling reason to enter or stay in Canada. For example, if you need to continue your studies in Canada but you have a long expired study permit. Or, if you need to visit a family member in Canada urgently.
Note that the law does not specify what a compelling reason is. You are responsible to prove it.
Secondly, the reason why you are ineligible or inadmissible plays an important role. Generally speaking, the officer will evaluate between allowing you to enter or stay in Canada and your issues.
Thirdly, the officer will also consider your other factors such as your history, credibility, previous removal, and so forth.
Last but not least, you must understand that whether you may receive a TRP completely depends on the discretion of the officer.
Further, a TRP may be cancelled at any time.
Where can I apply for a TRP?
You may apply for a TRP either in or outside Canada. Note that in most cases you can only apply for a TRP in paper applications.
However, If you can apply for an electronic travel authorization (eTA), you may receive a TRP when your eTA is refused. Otherwise, you will need to apply for one by following your local visa instructions.
How long is a TRP valid for?
A TRP may be valid for between 1 day and 3 years. Note that this also depends on the discretion of the officer.
Am I eligible to work or study as a TRP holder?
If you receive a TRP that is valid for 6 months or longer, you may apply for a work or study permit. The work permit will be an open work permit. You may start working or studying when you receive the proper permit.
Can I renew a TRP?
Generally, you may be eligible to renew your TRP before it expires. The renewal process is in fact similar to an initial TRP application. You may refer to the above sections to determine if you are eligible.
Further, you must not have any new inadmissible issues, and your compelling reason still remains. You must live in Canada in order to receive a new TRP.
Can I leave and re-enter Canada with a TRP?
Mostly, a TRP does not allow re-enter. This means if you leave Canada, you will not be able to come back.
However, in rare cases, people may receive a TRP that allows multi-entries depending on their situations.
Can I include my family members?
Note that a TRP is only for people who are ineligible or inadmissible.
If your family members will go to Canada or stay in Canada with you, and they are also ineligible or inadmissible, they will need to submit their own TRP application.
If they do not have these issues, they may choose the regular programs that they are eligible for.
For your information, family members include your spouse or partner. They can be same sex as yours, another sex, or non-binary. If you have children, they must be less than 22 years of age, and do not have a spouse or common law partner of their own.
Apply for permanent residence (PR) as a TRP holder?
A TRP holder may be eligible for PR. To be eligible, you must have lived in Canada for at least 3 years in a row. You must have always had a valid TRP. Further, your original inadmissible or ineligible ground remains, and you don’t have any new inadmissible or ineligible grounds.
Many LGBTQ people wish to move to Canada either for work or study. They will want to become permanent residents. In fact, both work experience and education in Canada will be helpful for their PR applications. Further, some of the LGBTQ individuals may already be eligible for PR without having to work or study in Canada.
However, if you are ineligible or inadmissible but have a compelling reason to enter or stay in Canada, you may consider a TRP.
Book a consultation today, we can help you with your questions.
What do we do?
We work with LGBTQ people and help with their journey to Canada. At LegalRoots, client experience is what we care about. We also create a safe and friendly place for those who wish to discuss their matters with us freely.
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