In most cases, persons who do not meet the requirements of the Immigration and Refugee Protection Act are refused permanent resident or temporary resident visas abroad, denied entry at ports of entry, or refused processing within Canada. However, sometimes an immigration officer might decide there are compelling reasons to issue a temporary resident permit (TRP) to a person who is otherwise inadmissible to Canada.
Canada may have declared you inadmissible on the grounds of health or criminality. To be eligible for a TRP, you must prove to an immigration officer that your need to enter and stay in Canada outweighs the health and safety risks you may pose to Canadian society. Even if the reason for your inadmissibility seems minor, you must prove that your visit to Canada is justified.
There is no guarantee that your application for a temporary resident permit will be successful. As part of your application for a TRP, you must pay a processing fee of $200 which is non-refundable, even if your application is denied.
A TRP may have a validity of from one day to three years. You must leave Canada by the expiry date of the permit, or get a new TRP before the current one expires.
An officer may cancel a TRP at any time. It is not valid after you leave Canada, unless you have been specifically authorized to leave and re-enter.
If you are a citizenship of a visa exempt country, the visa office in your country or region may have its own application form for TRPs. Check with your visa office to find out about specific application procedures.
Otherwise, you must submit an application for a temporary resident visa, as found on the CIC website, along with supporting documents to explain why you are inadmissible and why despite your inadmissibility, you should be allowed to enter Canada. You may be asked to attend an interview so that the officer can assess your credibility, confirm facts and give you a chance to respond to the Officer’s concerns.
Permit holders may apply to become permanent residents of Canada as part of the permit holder class if they have not become inadmissible on any new grounds, other than those for which they were originally made inadmissible.
If you were inadmissible on health grounds, you must also show that you have resided continuously in Canada with a TRP for at least 3 years. If you were inadmissible on criminality grounds, you must show that you have resided continuously in Canada with a TRP for at least 5 years.
Permit holders are not eligible for permanent residence if there has been a break in continuity, i.e if you left Canada and your permit did not authorize re-entry or if you did not extend your permit status prior to its expiry date.
Any new inadmissibility will be evaluated by an officer who will decide whether to issue a new permit or to ask you to leave Canada.
However, if you were deemed inadmissible for reasons involving security, human rights violations, serious criminality or organized crime, you are not entitled to apply for permanent residence in the permit holder class.
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