What is a Temporary Resident Permit?
Temporary Resident Permit or TRP
A temporary resident permit or TRP is a document authorizing a person who is otherwise inadmissible to Canada for health or Criminality issues or does not meet the requirements of the Immigration and Refugee Protection Act as either a temporary resident or a permanent resident to enter or remain in Canada. Temporary resident permits are only issued in exceptional circumstances, and may be cancelled at any time.
A temporary resident permit is not the same as a temporary resident visa which is issued to visitors, students or temporary workers who meet the requirements for admission to Canada.
In deciding whether or not to issue a TRP, a Canadian Immigration Visa Officer will weigh the inadmissible person’s need to enter or remain in Canada against the health and security risks to the Canadian population.
A Temporary Resident Permit may be issued for a period not to exceed three years and may be extended from inside Canada.
Some Criminal Offences for which you need a TRP
Some examples of convictions that could make one inadmissible to Canada include: DUI, DWAI, Theft, Petty Theft/Larceny, Assault, Drunk & Disorderly Conduct, Obstruction of Justice, Possession of marijuana, cocaine or other controlled substances/drugs. We would have to equate the foreign offense to the Canadian Criminal Code to determine if the applicant is inadmissible to Canada.
Drinking and driving, or driving while under the influence are common offences that visitors or applicants may not realize can lead to a refusal of their application, or in their being refused entry to Canada.
Fortunately, you may still be permitted to enter Canada, through the issuance of a Temporary Resident Permit.
What are your options?
If warranted we can do the following:
- Application for Rehabilitation – If more than 5 years have elapsed since the completion of any sentence imposed and there have been no subsequent convictions, we can represent you in an application to Citizenship and Immigration Canada (CIC) for a rehabilitation order;
- Application for TRP – If less than 5 years have elapsed since the completion of any sentence imposed, we can represent you in an application to Citizenship and Immigration Canada (CIC) for a temporary resident permit.
- Preparation of a Legal Opinion:
- Non-Convictions: Some sentences are not considered convictions for the purposes of Canadian immigration. However, sentencing varies from state to state, we can let you know if the outcome of your case resulted in a conviction, for the purposes of Canadian immigration. Examples of non-convictions include deferred adjudication, conditional discharge, suspended sentence, dismissed charges & nolle prosequi.
- Deemed Rehabilitated: If you were only convicted of one offense and the equivalent Canadian offense does not carry a maximum sentence of 10 years or more you are deemed to have been rehabilitated. No application is required although we do suggest the preparation of a legal opinion by the Attorney to take with you to the border.
Important note: The misdemeanor-felony distinction in U.S. law is not an important distinction for the purposes of Canadian immigration. Even misdemeanors may result in criminal inadmissibility.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.Read more
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