- What Is a Temporary Resident Permit and Who Would Need One?
- What You Need for a Temporary Resident Permit application
- Can I Apply For Temporary Resident Permit If I Have A Criminal Record?
- Frequently Asked Questions
What Is a Temporary Resident Permit and Who Would Need One?
Foreign nationals may be inadmissible to Canada for a number of reasons. They could, for example, have a criminal record, be medically inadmissible, or be found to have misrepresented on a prior immigration application.
If you find yourself inadmissible from Canada for any reason, and you need to enter Canada, you may be eligible for a Temporary Resident Permit (TRP).
What You Need for a Temporary Resident Permit application
To make the case that you are entitled to a Temporary Resident Permit, an application must show that you:
- need to come to Canada, and
- that you pose no risk to Canadians or Canadian society.
You should show that you are coming for a specific and temporary period of time, and you will need to present evidence to show that you likely pose no risk.
As the name suggests, a Temporary Resident Permit is a temporary solution to overcome inadmissibility to Canada. It is intended to assist those who may be seeking to work or study in Canada on a temporary basis, but this application cannot be used to pursue Canadian permanent residence.
Temporary Resident Permit Success Stories
Below are some examples of cases where Hummingbird Lawyers LLP were successful for our clients:
- An American man married a Canadian woman. They had a daughter, and then his wife had to move back to Toronto to pursue a job opportunity. Unfortunately, her husband had a recent conviction for drunk driving in Ohio and was therefore inadmissible to Canada. He applied for a Temporary Resident Permit, and showed that he needed to be in Canada to be with his family, and showed that he posed no risk. Once his Temporary Resident Permit was granted, he was also eligible to apply for a work permit. He is currently living and working in Canada until he is eligible to apply for a long-term criminal rehabilitation application and Canadian permanent residence.
- A British man had a conviction of a minor assault from 4 years ago. It was a minor conviction, with some community service. He however recently won a trip to the Canadian Rockies, and really wanted to go. We were able to apply for a Temporary Resident Permit for him, showing that the duration of his trip would be specifically for 2 weeks and that he posed no risk, and was in fact an upstanding citizen and member of his community. We were able to show that his conviction was not consistent with his overall character. He was able to enjoy Banff and Lake Louise.
- An Iranian man had been found inadmissible to Canada for allegedly misrepresenting a key detail on his previous visa application. He wanted to visit his wife who was studying in Canada, but because of the finding of misrepresentation, he became inadmissible to Canada for five years. This was a young couple, however, and we were able to successfully apply for a Temporary Resident Permit to allow him to travel to Canada, after explaining the details of the alleged misrepresentation, that it had been a matter of miscommunication, and that he needed to see his wife who he had not seen in 3 years.
Can I Apply For Temporary Resident Permit If I Have A Criminal Record?
If a Temporary Resident Permit is required because of criminality, which is more often than not the case, then it is required until such time as an individual is eligible to apply for criminal rehabilitation.
You would only need to apply for criminal rehabilitation once – assuming that you do not re-offend in the future – and that would be permanently on your immigration record.
A TRP is temporary and would last for only as long as it is issued. If there is an expiry date, the TRP would need to be renewed.
The immigration team at Hummingbird Lawyers LLP has extensive experience in applying for successful Temporary Resident Permit applications.
These applications have allowed our clients to see Canadian tourist attractions, reunite with loved ones, and contribute to the Canadian economy.
They can be required on an urgent basis, or put together for long-term planning. Let our skilled and experienced team at Hummingbird Lawyers LLP guide and advise you on this process, from beginning to end.
Frequently Asked Questions
How do I apply for a Temporary Resident Permit?
Typically, applications are submitted by mail, or they can also be made at a port of entry. For example, we have had clients prepare these applications to present at the border if they are driving in from the United States, or at Canadian customs if they are flying in from abroad.
Mailed applications can also be submitted, but the processing times vary depending on the nature of the inadmissibility, and the complexity of the issues.
Can I work in Canada if I have a Temporary Resident Permit?
A Temporary Resident Permit is very different than, for example, a TRV or visitor visa. A visitor visa only means you can be in Canada, but you do not have the right to work or study while here.
If you are issued a TRP however, and it is valid for a period of at least six months, you are eligible to have issued a work permit or study permit.
To be clear, a TRP allows you to apply for a work or study permit, but you’re not eligible to begin work or study until the proper permit has been issued.
Can I leave and re-enter Canada once I receive a Temporary Resident Permit?
This depends on the type of Temporary Resident Permit that you have been granted. If you are granted a TRP to attend a conference in Montreal for example, then you will likely receive a limited use TRP that is single-entry only.
Once you leave Canada after entering using this permit, it is longer valid. There are circumstances, however, where an individual can receive a multiple-entry TRP, and if this is the case, that person can likely enter and re-enter Canada as many times as they like, assuming the TRP is still valid.
It’s always best to speak to one of our lawyers to understand exactly what your Temporary Resident Permit allows and doesn’t allow you to do, and to help you ensure that you apply for the right permit, based on your needs and circumstances.
Contact An Immigration Lawyer Today
If you need help with a temporary residence permit, please call us and we would be happy to help you.
With esteemed, skilled and capable lawyers in Toronto and lawyers in Vaughan, Hummingbird Lawyers LLP has locations in both areas to serve our clientele. Choose the location more convenient to you, and let us assist you with your legal matters.
Contact Hummingbird’s Toronto immigration lawyers for more information about our immigration law services.
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