Denied entry at the Border?
You may need Temporary Resident Permit (TRP) to enter Canada, or you may NOT need a TRP. A TRP is a special permit that allows you to enter Canada temporarily otherwise you would be inadmissible because of your past criminal offence, or medical issue, or removal from Canada, or other reasons. But not all refusals at the border mean that you need a TRP. Often times your refusal resulted from the official’s failure to understand the reasons your entry. Further, even if you had trouble with the law or police in the past, you may still not need to apply for the TRP depending on the nature of your offence, how long ago the offence happened, and if you can be considered rehabilitated.
Being refused entry is extremely stressful especially when your entry is directly related to your employment and you may face the risk of losing your job if you cannot come to Canada. On the other hand, due to the complexity of the law, especially when criminal issues are involved, even if it’s a simple DUI charge, it is extremely important to handle your entry matter carefully and properly, to avoid any further complications, such as deportation, which does happen, even though it does not happen often.
As of March 1, 2012, a foreign national may get a TRP even without having to pay the $200 processing levied by Immigration, Refugees and Citizenship Canada (IRCC) if the person was convicted of an offence, such as driving under the influence of alcohol, public mischief, or shoplifting, and received no term of imprisonment as part of the sentence imposed; and has had no other convictions or committed any other acts that would render the person inadmissible.
I, Mary Zhang, will help you thoroughly analyze your situation to determine if you need a TRP, and if yes, how to obtain one.
What is a Temporary Residence Permit?
A TRP is a document that allows a person who is NOT admissible to Canada under the Immigration and Refugee Protection Act, either as a temporary resident or as a permanent resident, to enter or remain in Canada.
Having said this, it is important to understand that a Temporary Residence Permit (TRP):
- Is NOT a Temporary Resident Visa which is a visitor visa for people who are admissible to Canada and who wish to travel to Canada for a relatively short period of time,
- Is NOT a Study Permit which is a permit that allows the holder to study in Canada for a specified period of time that is generally approximately the same length of time as their course of study,
- Is NOT a Work Permit which allows the holder to work in Canada for a specified period of time.
Secondly, it is important to realize that a Temporary Residence Permit is for people who are deemed inadmissible to Canada, but for whom the reasons for their visit to Canada outweigh any possible threats to the health or security of Canada, in the view of Canadian immigration authorities. The reasons for being judged to be a threat to Canada’s health or security by immigration authorities can include the following:
- You are considered a security risk
- You may have committed human rights or international rights violations
- You have been convicted of a crime
- You have ties to organized crime
- You have a serious health problem (like a very contagious disease, for example)
- You have financial problems (like owing debts or being accused of fraud)
- You have lied to immigration authorities in an application or when they requested information from you
However, if you have been convicted of impaired driving, or official Driving Under the Influence of (DUI) alcohol or drugs – which falls under the convicted of a crime category listed above – then you may have the option of applying for a Temporary Residence Permit (TRP) if:
- You have served NO jail time as a result of your conviction, AND
- You have not committed any other crimes or other acts which would render you inadmissible under the Immigration and Refugee Protection Act
Then you may apply for a single visit to Canada, and you may be eligible to do so without having to pay the CAD$ 200 Processing Fee you normally have to pay when applying for a TRP.
Obligations of a TRP holder:
- You must abide by the laws of Canada. As a Temporary Resident Permit holder your stay in Canada is conditional on your good behavior. Any violation of the law or engagement in any activity deemed a threat to Canada’s health and/or security will result in your TRP being voided and your being deported from Canada.
- You must take any possible action to resolve your inadmissibility.
- You must either leave Canada before your TRP expires or apply for a new one in advance of your TRP’s expiration. To see when your TRP expires look for the following phrases on your document:
- “Expiry Date” OR
- “Permit in force until …”
- Remember that a TRP does NOT give you permission to study and work in Canada. You must separately apply for a study permit or a work permit for those activities.
- As a TRP holder you are still considered inadmissible to Canada but have been granted permission to visit under strict conditions, which includes having to apply for another TRP if you leave Canada and wish to return. When you re-apply for another TRP in the case you wish to return to Canada your application for a new TRP will be judged based on:
- Whether you met the obligations and conditions of your previous stay
- Whether you remain inadmissible
- Whether your conditions merit a new TRP
Applying for a TRP (if you are already inside of Canada)
- You should fill out form IMM 5708 Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder
- Every person applying for a TRP must fill out their own copy of this form and must sign and date it.
- As well, unless you are eligible for a waiver of the processing fee as described above, you must pay the Processing Fee. Go here for more information on how to pay your fee online. To pay your fees you will need:
- A valid credit card, prepaid card, or debit card from a Canadian financial institution
- A valid email address
- Access to a printer
- Fill out the form online accurately and truthfully then find the “Validate” button at the top or bottom of the online form and click on it. This will produce a barcode page. Print out all the pages of your application form and then place the barcode page at the top.
- Place the completed forms, any supporting documents, and the fee payment receipt which you must print out when you pay your fees online, in a 9” x 12” (23cm by 30.5cm) envelope addressed to:
Case Processing Centre in Edmonton
Immigration, Refugees and Citizenship Canada
c/o Visitor and Temporary Resident Permits, Station 303
9700 Jasper Avenue NW, Suite 55
Edmonton, AB T5J 4C3
Remember if you use a Representative then you or your representative should fill out form IMM 5476 Use of a Representative
MaxCan Immigration’s Mary Zhang has years of experience handling TRPs. Come speak to her at our offices in Markham, Ontario in the Greater Toronto Area.