Temporary Resident Permits

If you have a criminal conviction on your record, you may be seen as inadmissible to Canada. However, in some cases, there may be compelling reasons for an officer to issue a Temporary Resident Permit to allow a person who does not meet the requirements to enter or remain in Canada.

Validity of a Temporary Resident Permit

A TRP can be issued from one day to a maximum of three years. It may be extended or cancelled by an officer at any time. Depending on your documentation and reason for your entry, the officer will decide on the duration.

Exceptions to TRP:

Criminal inadmissibility does not apply to persons who:

• have been pardoned;
• have satisfied the Minister that they have been rehabilitated;
• are deemed to have been rehabilitated.

A Temporary Resident Permit is a document that can carry privileges greater than those for visitors, students and workers with temporary resident status. A TRP, once issued, allows application inland for a work or study permit and may give access to health or other social services. For this reason, officers are very careful when issuing or extending the TRP.

Assessment of Need and Risk When Issuing a Temporary Resident Permit

To be issued a TRP, the officer will consider the following first:

• your need to enter or remain in Canada is compelling and sufficient to overcome the risk;
• the risk to Canadians or Canadian society is minimal, and the need for a presence in Canada outweighs the risk.

Proving the officer with documents that show your need to enter Canada outweighs the possible risk is crucial to the success of your application. The officer will need to be convinced that your need is urgent and necessary, and the risk of you committing an offence is Canada is very slim.  Acceptable risk means further criminal activity is unlikely. The onus is on you to demonstrate this.

The following are factors which will be assessed:

• the seriousness of the offence;
• the chances of successful settlement without committing further offences;
• behavioural factors involved (drugs, alcohol);
• evidence that you have reformed or are rehabilitated;
• the pattern of criminal behaviour (e.g., the offence a single event and out of character);
• completion of all sentences, fines paid or restitution made;
• outstanding criminal charges;
• restriction of travel following probation or parole;
• eligibility for rehabilitation or a pardon;
• time elapsed since the offence occurred;
• controversy or risk caused by the presence of the person in Canada.

Interview at the Border

To determine the need versus risk, the officer can interview you as part of the enforcement, selection or counselling process. You will need to provide information regarding possible. Also, Officer interviews are used to assess credibility, confirm facts related to need and/or risk and communicate concerns to you.

Not everyone will be interviewed at the border. If the officer is convinced that you are eligible for a permit, are credible, and do not represent a risk to Canadians then the officer will allow you entry.

Health Inadmissibility Factors Which are Considered

• Is the person suffering from a communicable or contagious disease? This should be assessed in the context of threat to the travelling public and the community of the destination. If precautions cannot guarantee that there will be no threat to anyone en route or in Canada, a TRP will NOT be issued.
• Can concerned officials and the public be protected or forewarned regarding any person who presents a health risk?
• How severe is the person’s anticipated need for health or social services in relation to the demand for these services by Canadian residents?
• What is the cost of the treatment or care, if available?
• If you are a temporary resident, how will the costs be covered (insurance, family finances)?
• What arrangements are there to cover treatment, care and other costs?
• Will a temporary resident need follow-up treatment at home or in Canada? Is it available in the home country, and if not, will this prevent the person from returning home?
• In permanent resident cases, is the person likely to become self-supporting?
• Is there a risk the person will require public assistance?

Factors Specific to Being Inadmissible on Health Grounds

• What is the cost of the treatment or care, if available?
• How will the costs be covered (insurance, family finances)? Will provincial public health insurers provide insurance coverage?

Also, check our site dedicated to Denied Entry to Canada and Temporary Resident Permit