Guide to Applying for a Temporary Residence Permit in Canada

If for any reason you are unable to secure a visa for Canada (in other words, you are classed as ‘inadmissible’), there may still be a way to gain the necessary permission for your stay; i.e. temporary resident permit applications.

On this page, we will explain what is meant by Temporary Resident Permits (TRP) in Canada, and how to make a successful Temporary resident visa application.

What Is Meant By ‘Inadmissible’ Under The Canadian Immigration Rules?

The immigration laws of Canada prevent the entry of certain individuals on the grounds of criminality, security, or medical reasons.

If a person is not permitted to enter Canada for one of these reasons, they are classed as ‘inadmissible’ and cannot apply for permanent residence. Reasons for being inadmissible include:

• security reasons such as espionage, subversion, violence or terrorism, or membership in an organization involved in any of these
• human or international rights violations, including war crimes, crimes against humanity, being a senior official in a government engaged in gross human rights violations or subject to international sanctions
• committing a crime, including driving while under the influence of drugs or alcohol
• organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling, or money laundering medical reasons – this includes medical conditions that:
• endanger public health
• endanger public safety or
• causes excessive demand on health or social services (some applicants are exempt)
• financial reasons
• misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
• failure to comply with any provision of IRPA or
• having an inadmissible family member.

Anyone who is deemed inadmissible may be refused an Electronic Travel Authorisation (eTA), a visa/permit, entry, or they may be removed from Canada, thus, the temporary resident permit helps if you require entry to Canada.

In some cases, it is possible to overcome inadmissibility; for example, where a person is refused due to having committed a crime in the past if it can be proven the person has now been formally rehabilitated or their conviction was suspended, they may be able to secure entry to Canada.

What Is A Temporary Residence Permit (Trp) For Canada

A Canadian Temporary resident permit allows a person who is deemed inadmissible by Immigration, Refugees and Citizenship Canada (IRCC) to gain and require entry for a specified reason.

A TRP application is typically only granted for a specific period of time, and applicants need to provide strong evidence of a significant reason why they should be given immigration clearance.

As the IRCC guidance states, “If you’re otherwise inadmissible but have a reason to travel and visit Canada that is justified in the circumstances, you may be issued and become temporary resident permit holder ”.

Am I Eligible For A Temporary Residence Permit (Trp) For Canada?

It is important to state that even if you believe you have grounds to be granted a temporary residence permit, there is no guarantee that IRCC will do so.

For this reason, it is essential that you make as strong a case as possible to demonstrate that you are eligible for a temporary resident permit application.

IRCC say that in order to be a temporary resident permit holder, applicants must demonstrate that:

· their need to re-enter Canada or stay in Canada must outweigh the health or safety risks to Canadian society, and;

· there is a compelling reason for your travel and visit Canada.

It will be for immigration or a border services officer to make this determination. They also advise that even if you believe the reason for your inadmissibility appears minor, sufficient evidence will still be needed to back your case.

Valid compelling reasons for travelling to Canada may include (this list is not exhaustive):

· Attending a funeral of a family member

· Attending a wedding of a family member

· Travelling for work purposes

· Visiting a family member who is unwell

If the reason for your inadmissibility to Canada is due to a prior criminal conviction (including driving while impaired by alcohol or drugs, including cannabis), temporary resident permits may be granted if it has been less than five years since the end of the sentence.

How Do I Apply For A Temporary Residence Visa For Canada?

There are two main application pathways for a Temporary resident visa in Canada. If you are from a country for which IRCC only requires an Electronic Travel Authorization (eTA), IRCC advises that temporary residence visa applicants should contact a Canadian visa office in their country.

The application process can vary between individual offices, hence they will be able to explain the application procedure which applies where you live.

If you are from a country for which IRCC requires a visa, you will need to apply for a Canadian visitor visa and attend an interview.

As part of your application, you must provide supporting evidence which demonstrates clearly that you are currently inadmissible and why you should be given entry.

How Much Does It Cost To Apply For A Temporary Residence Visa In Canada?

As of 2021, a processing fee of CAN$200 is payable when applying for a temporary resident visa in Canada. IRCC advise this will not be refused if the application is not successful.

How Long Is A Temporary Residence Permit Granted For?

This depends on the amount of time required for your travel to Canada. For example, if your trip is for the purposes of attending a conference for work, it may be granted for two or three days.

In some cases, it may be possible to be given a temporary resident permit (TRP) for up to the maximum period of validity of three years. It is essential that you leave Canada or apply for a new temporary resident permit from the Canadian government before the expiry date.

Can I Apply For A Multiple Entry Temporary Resident Permit For Canada?

Depending on the reasons for your travel to Canada, you may be able to make a sufficient argument to be granted a multiple entry temporary resident permit.

Ordinarily, a single entry temporary resident permit (TRP) is granted, which means once you leave the country, a new temporary resident permit must be requested if you wish to return.

As IRCC states, “A multiple-entry temporary resident permit remains valid until the end of the validity period specified on the TRP unless the TRP is cancelled by an authorized decision-maker”.

What Are The Conditions Attached To A Canadian Temporary Residence Permit?

Temporary Residence Permit holders must:

· leave Canada before the temporary resident permit expiry date or upon cancellation of their TRP by an officer

· apply for a subsequent temporary resident permit before the expiry of their TRP if they want to maintain their temporary resident status in Canada (for in-Canada cases only)

· apply for and obtain a TRV to allow them to return to Canada if all of the following applies:

• They are from a country whose citizens require a temporary resident visa, a notable exception being a temporary resident permit (TRP) issued at a port of entry (POE) to overcome the lack of a TRV and for which authorization to re-enter Canada has been granted by a border services officer (Canadian government).
• They have a temporary resident permit that authorizes re-entry to Canada.

Can I Extend A Trp In Canada If I Wish To Stay Longer?

Yes, IRCC advises, “If your current temporary resident permit (TRP) status is still valid, you can apply for an extension of your stay but prohibited from applying for Canadian Permanent residence.

For any permit, you should always apply at least 30 days before your current status expires.

Your original temporary status with a Canadian visitor visa continues under the same conditions until your application is finalized by the Canadian Immigration and you have been notified of the decision”.

Reiss Edwards has the resources and expertise to assist with all aspects of Canadian immigration. If you need assistance or advice on how you can apply for a Temporary Residence Permit in Canada or any other immigration matter, feel free to contact our Immigration Solicitor for help.