Temporary Resident Permits
If a foreign national is “inadmissible” to Canada based on criminal and / or health grounds, they may be eligible for a temporary resident permit (TRP) to enter or remain in Canada. To qualify for a TRP, a foreign national must demonstrate that their need to enter Canada is compelling and sufficient to overcome any potential health and / or safety risk(s) to Canadians and Canadian society. Some of the factors that may be taken into consideration as part of this analysis, include the following:
- The purpose of the foreign national’s visit to Canada;
- The seriousness of the offence(s) or medical condition(s);
- What treatment is required for the medical condition(s);
- Whether the offence(s) involved physical harm, violence, weapons, and / or drugs or alcohol;
- Whether or not there is a pattern of criminal activity;
- Whether or not the foreign national has completed all of the terms and conditions of their sentence;
- Whether or not the foreign national may require social assistance while in Canada;
- If there are any high-profile, complex, or sensitive elements to the case;
- The foreign national’s culpability, remorse, and credibility;
- The foreign national’s employment history; and
- The foreign national’s family composition.
Generally, a foreign national is required to apply for a TRP at a Canadian visa office abroad prior to travelling to Canada. However, in some circumstances, a foreign national may be eligible to apply for a TRP at a Canadian port-of-entry (e.g. international airport, land crossing, etc.).
A TRP is usually valid for the duration of the foreign national’s stay in Canada. However, a TRP can be cancelled at any time by the Canada Border Services Agency (CBSA).