Temporary Permission To Enter Canada When Otherwise Barred
Many people need or want to enter Canada on a temporary basis but face a restriction on their ability to do so. Barriers to entering Canada include examples such as technical inadmissibility, medical inadmissibility or criminal inadmissibility. The reason to enter Canada may be to visit a family member, to attend a training course offered in Canada, or simple to pass through for a connecting flight or cruise. If otherwise unable to enter, Temporary Resident Permits (TRP) allow people to enter Canada for a short, specific duration. If you need help with entering Canada, connect with our immigration lawyers at Kahane Law Office.
What Are Temporary Resident Permits?
Temporary Resident Permits, or TRPs allow people to enter Canada when otherwise, they lack the ability to do so. These permits are documents issued by the Canadian government through Citizenship and Immigration Canada. This is the federal organization responsible for immigration. The permit then allows entry into Canada for a specified term. The permit also may include conditions that the party must strictly follow.
Reasons To Use A TRP
Many people lack the eligibility to enter Canada. The ability to use Temporary Resident Permits depends on the issue as well as the situation. This is why it is so important for your immigration lawyer to help with your application to avoid a rejection. Some of the reasons people lack eligibility to enter Canada include, for example:
- Financial concerns;
- Medical conditions;
- Misrepresentations on prior immigration applications;
- Past criminal convictions;
- Recent criminal convictions; and lastly
- Technical issues such as:
- an expired visa
- expired passport
- prior work or study without appropriate visa;
- an overstayed visit to Canada.
How To Gain Entry To Canada With A TRP
TRP allows you to suspend Canadian laws which may prevent you from entering Canada. However, compelling reasons must exist for entry using this type of permit. Requirements include demonstrating that entry and temporary stay poses no safety and health risks to Canadians. Your TRP application must be supported by a justifiable significant reason for your desired entrance with clarity and specificity.
For example, acceptable reasons for entering Canada considered compelling include: business conferences and networking events, meeting with Canadian clients or companies to start or continue economic relationships, or a very important family event such as a funeral or wedding.
Eligibility To Apply For A TRP
Your eligibility to apply for Temporary Resident Permits depends on the reason you lack the ability to enter Canada. Canadian law allows for some discretion when you apply for a Trp. Therefore, it is critical that the application includes specific information and documentation to allow for a successful application to allow you to enter Canada.
Reasons To Use A TRP?
Several reasons exists to use a these permits. For example, valid reasons include:
- Travel for work;
- Attend a conference in Canada;
- Transit from a land or airport boarder to a cruise;
- Visit an unwell family member; and lastly
- Attendance of a family wedding or a funeral.
How Long Can I Stay In Canada On A Temporary Resident Permit?
Once your TRP recieve approval, the duration for the stay varies. The maximum amount of time allowed under the application is 3 years. Based on the reasons for entry you could receive permission to stay for a few days, few weeks, or few months, based on your reasons for travel. The decision is made by the Canadian immigration officer or border agent who processes your application.
Two types of TRPs are available: single-entry and multiple-entry permits.
Single-entry permits, as the name suggests, allows you to enter Canada only once. Once it expires you must leave. A single-entry permit may event on a specific date, such as a wedding or business conference.
Multiple-entry permits are granted for an allocated time span. They allow you to enter, leave, and re-enter as many times as required during the time of its validity. These permits expire after the allocated time span. Those that need to travel to Canada for work frequently and often at short notice, such as flight attendants or pilots, are more likely to receive a multiple-entry permit.
After your TRP has expired, your record will once again prevent you from entering Canada. You can then reapply for a TRP or opt for the permanent solution of a Criminal Rehabilitation application.
Processing Time and Cost Of Temporary Resident Permits
The processing times for TRPs depends on the method of the application’s submission. Applications submitted at the port of entry are determined on the spot, and therefore typically take under two hours. In contrast, applications submitted to at the Consulate may take up to 6 months for a decision.
The processing fee to apply for a TRP is $200 CAD at the Canadian Immigration office or at any Port of Entry.
Where To Apply For Temporary Resident Permits
After you have gathered all the required documents and completed your TRP application, you must then submit it to the Canadian government for consideration. For American citizens or people with permanent resident status in the United States, there are two places to submit an application:
- To a border agent at the Port of Entry (POE) as you cross the border, or
- To the Canadian Consulate in Los Angeles, California.
Difference Between TRPs and Criminal Rehabilitations
An individual only becomes eligible for criminal rehabilitation once five years have passed since the completion of their sentence, including jail time, termination of probation, and payment of all fines.
The primary difference between a TRP and Criminal Rehabilitation is that a TRP only temporarily suspend an individual’s criminal inadmissibility for the purpose of travel into Canada. Criminal Rehabilitation completely resolves an individual’s criminal inadmissibility for the purpose of travel into Canada. With Criminal Rehabilitation, an individual may enter and exit Canada freely and without limitation.
An individual applying for Criminal Rehabilitation does not need to demonstrate a necessity to enter Canada. The person must only prove, they have been rehabilitated and will not re-offend. With a TRP, an individual must apply to enter Canada and demonstrate a valid need.
Since Criminal Rehabilitation applications are processed only by Canadian Immigration at the New York Consulate, the processing time can take up 12 months. In contrast, TRPs are about 6 months and handled in Los Angeles. However, as it is being processed you may still apply for TRP if you need to travel into Canada. In fact, if you already applied for Criminal Rehabilitation when applying for a TRP at the port of entry, it may increase your chances of approval for the TRP.
Immigration Lawyers For Temporary Resident Permits
Please call about applying for a TRP to visit Canada or to submit an application for Criminal Rehabilitation. The seasoned experts at Kahane Law are here to help. I invite you to contact one of our immigration professionals in Calgary, Alberta at (403)-225-8810 or in Edmonton, Alberta at (780) 571-8463 1-877-225-8817. We’ll be glad to assist you.