June 20, 2016
Temporary Resident Permits (TRP) –Should I Apply?
Applying for a TRP is one of the more frequent inquiries we receive at Bellissimo Law Group PC. We handle many TRP applications each year, ranging from family members seeking to temporarily reunite with family in Canada, to persons with medical and/or other inadmissibility issues that need to enter for humanitarian, social, or work purposes. This includes professional athletes, artists and emergency workers.
What is the purpose of a TRP?
TRPs are listed in section 24 of the Immigration and Refugee Protection Act IRPA and operate to soften the sometimes harsh consequences of the strict application of the IRPA, which surfaces in cases where there may be “compelling reasons” to allow a foreign national to enter or remain in Canada, despite inadmissibility or non-compliance. Basically, TRPs allow officers to respond to exceptional circumstances while meeting Canada’s social, humanitarian, and economic commitments. The following persons are eligible for a TRP:
Any person who is:
- Inadmissible and seeking to come into Canada if an officer is of the opinion that it is justified in the circumstances;
- in Canada and is inadmissible, subject to a report or reportable for violation of the Act, or does not otherwise meet the requirements of the Act;
- not eligible for restoration of status.
When are TRPs granted?
In determining whether a TRP should be granted generally, officers are obligated to weigh the need and risk factors of each case. The In Land Processing Manual lists specific factors, some obligatory and some discretionary, that are to be considered in performing this assessment:
Officers must consider:
- the factors that make the person’s presence in Canada necessary (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event);
- the intention of the legislation (e.g., protecting public health or the health care system).
The assessment may involve:
- the essential purpose of the person’s presence in Canada;
- the type/class of application and pertinent family composition, both in the home country and in Canada;
- if medical treatment is involved, whether or not the treatment is reasonably available in Canada or elsewhere (comments on the relative costs/accessibility may be helpful), and anticipated effectiveness of treatment;
- the tangible or intangible benefits which may accrue to the person concerned and to others; and
- the identity of the sponsor (in a foreign national case) or host or employer (in a temporary resident case).
Where can I apply for a TRP and for how long?
TRPs may be issued at ports of entry and inland offices while permit extensions are only issued inland. Although certain applicants apply in person, most applicants apply in writing. An initial permit may be granted for a maximum of three years, and may be extended for another two years. Depending upon the reason for entry to Canada, the time request could be for as short as one day.
Written submissions on a TRP application should, therefore, provide a ‘‘needs versus risk” assessment emphasizing the pressing need for the person to enter or remain in Canada and demonstrating that the applicant poses a minimal risk to Canadians or no risk at all. It is important to be aware that a TRP is deemed cancelled when the permit holder leaves Canada, unless the document authorizes re-entry.
Is an interview required?
Interviews are usually necessary for serious inadmissibility or flagrant or intentional violations, or to assess credibility, merit, or risk and the degree of contrition. An interview may not be necessary if inadmissibility is on health or technical grounds and when credibility or merit is not an issue or where the inadmissibility involves one or two minor (summary) offences and five years has passed.