Should I apply for a Temporary Resident Permit (TRP)?
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.
For more information on Temporary Migration, please click here.
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.