Bahar's Blog about Immigration to Canada
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Apply to Continue stay as Temporary Resident Permit Holder
Temporary Resident Permit
If you are looking to continue your stay in Canada as a permit holder then you would need to apply for Temporary Resident Permit (TRP).
TRP is a document that is granted for persons who are inadmissible to Canada or for individuals that do not meet the requirements as temporary resident or as a permanent resident to enter or continue their stay in Canada.
To be considered a temporary resident permit holder you must have an inadmissibility issue such as:
health inadmissibility or;
Most common reasons for being denied entry to Canada are individuals that have a criminal record such DUI, theft charge, assault etc. So even if your offense is very old or you got it expunged the immigration officer still has the right to refuse you entry and request to apply for TRP or Criminal Rehabilitation.
This blog will help you understand your responsibilities as a permit holder and what steps you need to take if you are inadmissible to Canada.
Family Members and Inadmissibility
If you have an inadmissibility issue then your immediate family members are also affected by this such as spouse, common-law partner or dependent children. For the immigration officer to consider approving a TRP application the purpose of visit must be justifiable. Should the immigration officer approve the application then each family member will be given their own TRP and each of them becomes a permit holder.
As the permit holders the applicants must abide to Canadian laws and exit Canada prior to the expiration of the TRP. Depending on the severity of the offense some applicants can apply for a new TRP from within Canada while others have to exit first. Also, depending on your country of citizenship you may be required to give biometrics. Biometrics is only given once every 10 years, therefore if you are applying for a different application you do not need to apply for another one as it expires every 10 years.
Does TRP Expire
A TRP can be granted from one day to maximum of three years, the length of time is determined by the immigration officers. They look at the following factors to determine if TRP should be granted:
offense (s) on record
sentence imposed by the court
when was the imposed sentence completed
purpose of entry into Canada
have not violated conditions of a previous application
Can I Study or Work in Canada with Inadmissibility Issue
Yes, you are able to work or study in Canada with an inadmissibility issue if:
eTA or TRV refused due to Inadmissibility Issue
If your electronic travel authorization (eTA) or Temporary Resident Visa (TRV) was refused due to your inadmissibility issue then you would need to apply for Temporary Resident Permit to overcome your inadmissibility issue.
The TRP needs to be submitted at the consulate level and it takes about 3-12 months to get a decision on the application. Once you receive positive decision on your application you can then apply for an eTA or TRV also known as visitor visa.
However, if you have valid nonimmigrant visa (US visa) or an approved Electronic System for Travel Authorization (ESTA), you can travel to Canadian border and get same day decision at the port of entry rather than waiting 3-12 months for the consulate decision.
Do I always have to apply for TRP
TRP takes care of the inadmissibility issue on temporary basis only. If you wish to take care of your inadmissibility issue on permanent basis then you would need to apply for criminal rehabilitation.
To be eligible for criminal rehabilitation five year must have elapsed since the completion of the sentence (probation, fine, jail time etc.). However, depending on the nature of the offense you may potentially have to wait the 10 year time or you may be considered deemed rehabilitated. To be considered deemed rehabilitated ten years must have elapsed since the date the sentence was completed and you must not have any other convictions that are summary or indictable in Canada within the last ten years; or, more than one summary conviction in the last ten years.
Do I need to hire Representative to apply for TRP
When applying for a temporary resident permit application it is recommended to hiring a representative with experience. Many times applicants that submit their own application fail to convince the immigration officer that they do not pose danger to the Canadian society or they fail to equate their offense to the Canadian criminal code. Sometimes applicants use the wrong forms or submit their application to wrong address. Therefore, to avoid delays or refusals it is recommended to hiring someone with experience to ensure a strong, complete package is submitted.
Akrami & Associates
Akrami & Associates has assisted many clients to overcoming their inadmissibility issue on temporary and permanent basis and we can help you too.
With Akrami & Associates there is always a way!!