You have a job offer in Toronto, a sister’s wedding in Vancouver, or a contract that needs you on site next month. Then you learn that an old conviction, a medical finding or a past immigration problem makes you inadmissible to Canada. For many people, that is not the end of the plan. The tool built for this situation is the Temporary Resident Permit, usually called a TRP.
What a TRP is
A TRP is issued under section 24 of the Immigration and Refugee Protection Act. It allows a person who is inadmissible, or who otherwise does not meet the requirements of the Act, to enter or remain in Canada for a set period when an officer is satisfied that it is justified in the circumstances.
A TRP does not remove the inadmissibility. It sets it aside for as long as the permit is valid. When the permit expires or is cancelled, the underlying problem is still there.
TRPs are most often used for:
- Criminal records, including impaired driving convictions
- Medical inadmissibility
- People already in Canada who have fallen out of status and can no longer restore it
- Other situations where the person does not meet a requirement of the Act but there is a strong reason to let them in
What the officer weighs
Every TRP decision comes down to a balance between need and risk.
Need is the reason for the visit or stay. A business commitment, a family event, medical treatment or a humanitarian reason can all qualify. The reason has to be specific and documented. A general wish to travel is harder to justify than a conference with a registration confirmation or a wedding with an invitation and proof of the relationship.
Risk is the officer’s assessment of whether your presence poses a concern for people in Canada. For a criminal record, that means the nature and seriousness of the offence, how long ago it happened, whether there is a pattern, whether the sentence is complete, and what you have done since.
The more serious the inadmissibility, the stronger the reason needs to be. Officers are also expected to consider whether another route, such as criminal rehabilitation, is the more appropriate answer before issuing a permit.
Where and how to apply
If you need a visa to visit Canada, you request the TRP with your visitor visa, work permit or study permit application, with a clear explanation of the inadmissibility and why a permit is justified.
If you are visa-exempt, for example a US citizen, you can apply in advance through IRCC or, in some cases, ask for a permit when you arrive at the border. Applying at the border is a gamble. If the officer is not persuaded, you are turned back on the spot, often with a trip already paid for. An application made in advance gives you time to build the file and, if it is refused, time to respond.
If you are already in Canada and need to stay, you can apply to IRCC from inside the country.
A strong application usually includes a letter explaining the purpose of the trip and the history behind the inadmissibility, court records and proof the sentence is complete, evidence of what your life looks like now (employment, family, community involvement), reference letters, and documents confirming the purpose and dates of the visit.
How long a TRP lasts
A TRP can be issued for as little as one day or for up to three years. The length is usually tied to the purpose. A three-day conference will usually get a permit that covers three days.
One detail catches people out: a TRP generally stops being valid when you leave Canada unless it specifically authorizes re-entry. If you need to travel in and out during the permit, ask for that in the application and check the permit when it is issued.
A person who holds a TRP valid for at least six months can apply from inside Canada for a work permit or study permit.
Can a TRP lead to permanent residence?
In some cases, yes. People who live in Canada continuously on TRPs can become eligible for permanent residence through what is called the permit holder class. The period is three years for people inadmissible on health grounds and five years for certain other grounds. Serious criminality, security, human or international rights violations and organized criminality are excluded.
Continuity is strict. If a permit expires before the next one is applied for, or you leave Canada without authorization to return, the count can start over. Renewal applications should go in well before the current permit ends.
TRP or criminal rehabilitation?
A TRP is temporary. Criminal rehabilitation is permanent, but you can only apply once five years have passed since you completed every part of your sentence, and a decision can take many months.
If you are already eligible for rehabilitation, it is usually the better long-term answer. If you are not yet eligible, or you need to travel before a rehabilitation decision arrives, a TRP can bridge the gap. Many people do both: a TRP for the trip that cannot wait, and a rehabilitation application for everything after. We explain the rehabilitation side in our post on criminal rehabilitation and deemed rehabilitation, and impaired driving in particular in our post on entering Canada with an impaired driving conviction.
How we can help
At Kabir & Alam, we prepare TRP applications for visitors, workers and people already in Canada, and we advise on whether a permit, rehabilitation or both is the right route. Read more about our temporary resident visa and TRP and inadmissibility and criminal rehabilitation work, or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.