Shabnam Akrami Blogs
Denied Entry into Canada
What Is a Temporary Resident Permit?
A temporary resident permit is an option available to individuals who are otherwise ineligible to travel to Canada under the Immigration and Refugees Protection Act (IRPA). There are many reasons you may be denied entry into Canada, which can range from having health issues to having a criminal record. If you have ever been denied entry at the Canadian border, or have had your visitor visa application denied, a temporary resident permit may be the solution for you! A temporary resident permit allows an individual to remain in Canada for the duration of the permit, and complete the tasks they have requested entry into Canada for. This could be a family member’s wedding, a business trip, to visit a sick relative, to study at a Canadian University, or for simple tourism. A temporary resident permit can be valid anywhere from one day to three years.
If you’re a foreign national who is ineligible for a temporary resident visa, or are from a visa-exempt country such as the United States, but are still inadmissible, then you must apply for a temporary resident permit to travel to the country. This article is intended to help you have a better understanding of temporary resident permits and their application process.
Who Can Apply For A Temporary Resident Permit?
As mentioned, foreign nationals who are inadmissible to travel to Canada can apply for a temporary resident permit to be allowed to enter the country, if they have compelling reason to want to enter the country and it is “justified in the circumstances,” as per the Canadian Immigration Services website. To prove your wish is justified in the circumstances, you must prove your need to enter the country outweighs the pressure your presence will put on the Canadian economy. In other words, individuals must be able to prove they will not place any strain on Canadian society.
It is very important to understand the difference between a temporary resident permit and a temporary resident visa. All individuals seeking entry into Canada coming from non-visa exempt countries must apply for a temporary resident visa to come to Canada for any reason; tourism, business, or studies. Only individuals who are legally admissible to Canada will be granted entry on a temporary resident visa, therefore, it is important to understand the specifics of your circumstance, to ensure you apply for the correct permit to enter Canada. Furthermore, if you come from a non-visa exempt country and are inadmissible to Canada, you will need to apply for both a temporary resident permit and a temporary resident visa.
If you wish to study or work in Canada, but are otherwise inadmissible, you may still apply for a study or work permit when applying for a temporary resident permit. In fact, if you are inadmissible, you must first be granted a temporary resident permit to be able to be granted a study or work permit. There is a $200 non-refundable fee which covers the processing of the temporary resident permit application. Though, if you apply for a study or work permit at the same time as a temporary resident permit, you are exempt from the $200 fee, and are only subject to the fees of the study or work permit.
Who Is Inadmissible To Canada?
There are a variety of reasons individuals may be inadmissible to travel to Canada in the first place, and it is important to know if one of these applies to you. Under the Immigration and Refugees Protection Act, individuals may be inadmissible for the following reasons:
1. Being considered a threat to national security,
2. Having been convicted of a criminal offense in your country of origin, or being involved in organized criminal activity,
3. One is seeking entry into the country for financial support,
4. Seeking entry into the country for the benefits of the health care system, or will likely put excessive strain on the health care system,
5. Misrepresentation of self,
6. An individual has an inadmissible family member.
If any of these circumstances applies to you, you will be denied entry on a temporary resident visa or if you’re from a visa-exempt country, your electronic travel authorization will be refused, or, you will be denied admission at the port of entry. Though, you are eligible to apply for a temporary resident permit, your hopes of travelling to Canada are not lost!
When Will A Temporary Resident Permit Be Granted?
If you feel you can prove you are not a risk to Canadian society, you then must prove your need to travel to Canada, outweighs even the slight risk you do pose. A temporary resident permit is always issued at the discretion of an immigration officer. Therefore, temporary resident permits are granted on a case by case basis, taking into consideration your reason for seeking entry, and the effect this could have on society. There is some guidance given to officers regarding when it is appropriate to grant and individual entry into Canada. This includes but is not limited to the following:
1. Compassionate grounds, such as attendance at an important event or to visit a sick relative,
2. Your visit will be of economic benefit to Canadians,
3. Your visit is of political importance to Canada,
4. Your visit is supported by a government Minister.
Because a temporary resident permit is granted at the discretion of an immigration officer, it is also subject to cancellation at any time. If an immigration officer feels your status as someone who does not pose a threat to Canada has changed, or there are signs you not intend to leave upon expiration of your permit, the officer will cancel your temporary resident permit. If your temporary resident permit is revoked, you must leave the country immediately.
Also if you have been denied a claim under the refugee protection program in the past 12 months, you cannot apply for a temporary resident permit, until a full 12 months has passed. The exception to this is if you are seeking entry on compassionate grounds for having been a victim of human trafficking.
What Does It Mean To Have An Approved Temporary Resident Permit?
Once you have an approved temporary resident permit, this means you have permission to be in Canada during the period outlined in the permit. This also means you must leave Canada by the time the permit expires. Alternatively, you may apply to renew or change the status of the permit which you entered Canada with, before your valid temporary resident permit expires. Individuals who have an approved temporary work permit of more than 6 months may also decide to apply for a work or study permit after being issued the temporary resident permit. If you are looking to extend your stay in Canada, it is crucial you continue to prove you have strong ties to your home country, and will not object to retuning at any time. Also, you must continuously not place strain on the Canadian economy or law enforcement agencies. Failure to do these things will result in having your temporary resident permit cancelled.
Finally, if you have had a valid temporary resident permit for the required time period in your specific circumstances, you may be eligible to apply for permanent resident status in the permit holder class. The length of time you must have held a valid temporary resident permit is from three to five years with 1 or more temporary resident permits, depending on the reason you were originally inadmissible. If you are ineligible to travel within Canada or to apply for criminal rehabilitation, yet wish someday to become a permanent resident, this may be an attractive route to you. If you can prove you have held a valid temporary resident permit for the required period of time, and have not become inadmissible on any other grounds, you can apply for permanent residency. You must meet all the other requirements of permanent resident applicants. Though, if this can be done, the individual has a good chance of being granted permanent residency. At this stage, unlike the application for your temporary resident permit, the reviewing officer does not have full discretion as to the applications acceptance or refusal; it will depend on the applicant’s ability to meet the requirements.
What A Temporary Resident Permit Does Not Allow You To Do
To avoid any issues which result from misunderstanding the terms of your temporary resident permit, you must understand that having a valid temporary resident permit does not guarantee you entry into Canada. At any time, Canadian Boarder Service Agents can refuse you entry at the border, as with any individual who arrives at a port of entry.
Also, a temporary resident permit is not a valid travel document. You still must travel with your passport and all other documentation one would generally need at a port of entry. Furthermore, unless it is explicitly stated within the terms of your temporary resident permit, there is no re-entry into Canada if you leave the country; this is considered to be cancelling your permit.
Finally, a temporary resident permit is a temporary solution. Each time you wish to travel to Canada as long as you are ineligible for any reason, you must first obtain a temporary resident permit. If you wish to find a permanent solution to your ineligibility, you may consider applying for criminal rehabilitation. To find out if you are eligible for criminal rehabilitation, follow the link provided.
Contact Akrami and Associates
If you know or suspect that you may be denied entry into Canada for any of the reasons discussed, it is important to follow the correct process when requesting entry into Canada. Not following the correct procedures, could result in a horribly unpleasant experience at the Canadian border. No one wants to be turned around after coming so close to entering. Unfortunately though, this happens, and Canadian border officers have complete authority to deny entry to any individual who arrives at the border. To avoid these occurrences, it is highly recommended that you seek out professional and experienced help before attempting to enter Canada. The application for a temporary resident permit can take up to 8-12 months to be processed. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients’ obtain temporary resident permits, by ensuring we submit a comprehensive, compelling claim on your behalf, to help you travel to Canada. If you believe that you are eligible for a temporary resident permit, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!