Temporary Resident Permit- Denied Entry into Canada

Many immigrants start off with a dream. A dream of living a life in a country where equality and freedom is the norm, where jobs are plentiful and the quality of life is high. Sadly not all immigrants get to live their dream, either due to a technicality in their visa application process or because they are found to be inadmissible to Canada.

But what exactly is a temporary resident permit and how can it help you get to Canada even though you may have previously been considered ineligible to come to Canada? Let’s take a look.

What is a Temporary Resident Permit?

A temporary resident permit allows foreigners who are deemed inadmissible to Canada to enter the country. There are various reasons that you could be denied entry to Canada. One of these reasons is that you are seen as inadmissible to Canada.

In order to enter Canada as a temporary resident, a border service officer will decide whether or not the benefits outweigh the risks linked to the person entering the country.

Temporary residents can’t leave Canada and re-enter unless they have permission to do so. Family members traveling with temporary residents may also be seen as inadmissible to Canada and will therefore also have to apply for their own individual permits.

What Does Inadmissible to Canada Mean?

If you are deemed inadmissible to Canada it means that you are not able to enter or stay in Canada. There are various reasons for this including criminal behavior, being considered unfit medically, not having enough finances to support yourself during your stay in Canada, and these are just a few.

Reasons You May Be Inadmissible to Canada

If you have experience with one of the following issues, you may be deemed inadmissible to Canada.

• Security - if you have ever been involved in espionage, subversion, violence or terrorism, or if you belonged to an organization that was involved in any of these activities.
• Human or international rights violations - if you have ever been accused or convicted of a war crime, a crime against humanity or were an official in a government engaged in gross human rights violations or were subject to international sanctions.
• Criminality - if you have ever been convicted of a crime, including driving while under the influence of alcohol or drugs. A police clearance certificate is often a requirement for some types of visas.
• Organized criminality - if you have been accused or convicted of being involved in an organization that takes part in any form of organized criminal activity, including smuggling people or money laundering.
• Health grounds - if you have a medical condition that is deemed a danger to public health and safety, or that will place excessive demand on the health or social services of Canada. A clean bill of health is often required for many Canadian immigration programs.
• Financial reasons - if you are unwilling or unable to support yourself and your dependents to settle in Canada.
• Misrepresentation - one of the easiest and silliest ways to get yourself excluded from admissibility, is to provide false information or withhold information from the IRCC. It is extremely vital that you always represent yourself truthfully on any official applications and to any border control or immigration official.
• Non-compliance with the Immigration and Refugee Protection Act (IRPA) - if you don’t respect the conditions of your visa by for example overstaying or working full time on a study permit, you may be barred from returning to Canada.
• Having an inadmissible family member.

What is Considered Criminal Inadmissibility?

Everyone has a past and Canada, as a free and liberal country that is accepting of all people, is in possession of a government that believes in rehabilitation and that people should not be held permanently accountable to previous acts of crime if their time has been served.

Both serious and minor crimes could cause issues when trying to enter Canada. This, however, only applies if the crime committed was within their home country or has a Canadian equivalent by law. Otherwise, criminal admissibility does not apply. The following is a list of crimes that make you inadmissible to Canada from the most to the least severe.

Types of Crimes

• Paedophilia
• Murder
• Rape/Sexual Assault
• Human Trafficking
• Theft and assault
• Drug-related crime
• Gender based violence
• Arson
• Kidnapping
• Money Laundering
• Impaired or reckless driving or driving under the influence or excessive speed

This does not, however, mean that anyone who has a criminal past will be allowed to enter Canada. It can be difficult to immigrate or travel to Canada if you have a criminal history, but the good thing is that there are options.

Ways to Enter Canada

Canada believes in rehabilitation. After five years, once the sentence has been completed, you can apply for criminal rehabilitation. Ten years after the sentence has been completed, a person will be regarded as rehabilitated and will be able to enter Canada.

What is Considered Medical Inadmissibility?

Whether you intend to apply to visit, study, work or live in Canada, you will need to be medically admissible to Canada. To prove this you will need to have an immigration medical exam done. If you are considered medically inadmissible to Canada for medical reasons, it could be for one of the following three main reasons:

• You are a danger to public health
• You are a danger to public safety
• You are an excessive demand on health or social services

Danger to Public Health

To decide if you are a danger to Canada’s public health, the IRCC will consider:

• Your immigration medical exam results
• Whether you have certain infectious diseases such as pulmonary tuberculosis, untreated syphilis or have been in close contact with those who have infectious diseases
• How your disease could affect other people living in Canada

Danger to Public Safety

To decide if you are a danger to Canada’s public safety, the IRCC will consider:

• Sudden incapacity (loss of physical and mental abilities)
• Unpredictable or violent behavior
• Substance abuse that may be dangerous to Canadian citizens

Excessive Demand on Health or Social Services

To decide if your health condition will be a strain on Canada’s medical system or social services, the IRCC will determine if:

• The health or social services needed to treat your health condition would negatively affect wait times for services in Canada; or
• The services needed to treat and manage your health condition would likely cost more than the excessive demand cost threshold

What is the Excessive Demand Threshold?

As of 2022, the cost threshold (under temporary public policy) is three times the average cost for health and social services, which is:

• $120,285 over 5 years (or $24,057 per year)

Exceptions include:

• Refugees and their dependents; or
• Protected persons
• Certain people being sponsored by their family eg. dependent children, spouses, and common-law partners

If you are deemed medically inadmissible to Canada you will receive a procedural fairness letter, explaining the reasons why, before the final decision is made. You will have 60 days to appeal the decision and 90 days to submit any additional information requested.

Ways to Enter Canada

If deemed medically inadmissible, you may be able to enter Canada with a temporary resident permit. for example, if you have valid humanitarian and compassionate reasons to come to Canada. You could also appeal the procedural fairness letter. For example, you could provide information and evidence about:

• Your health condition or the medical diagnosis eg, if you got treatment to cure or improve your health condition; or
• The kind of medication and services that you need eg. if your doctor has changed your medication
• The cost of medications or services that you need eg. if your doctor has changed your medication to a cheaper equivalent

How to Apply for a Temporary Resident Permit

The following presents a step by step process of how to apply for a Temporary Resident Permit

Step 1: You Need to be Deemed Inadmissible to Canada

The Temporary Resident Permit was designed to be used by prospective immigrants to Canada who did not meet the eligibility criteria for admissibility to Canada. Please wait until you have been deemed inadmissible to Canada before deciding to use this program to immigrate to Canada.

Step 2: Ensure you Meet the Eligibility Requirements Needed to Apply for a Temporary Resident Permit for the Purposes of Study, Work or Visitation

Visiting Canada

The eligibility requirements needed to apply for a Temporary Resident Permit to visit Canada includes:

• Illustrate to the immigration officer at the POE that your intention is to visit Canada, and leave before the expiry date of your visa
• Provide proof of funds that show you have sufficient money to explore, live in Canada and leave the country
• A letter of invitation if you are visiting family or friends
• Family information (of family residing in Canada)
• An itinerary of your stay
• Travel history if you have entered Canada before

Studying in Canada

The eligibility requirements needed to apply for a Temporary Resident Permit to study in Canada includes:

• You are enrolled at a Designated Learning Institution (DLI)
• You can demonstrate that you have the financial means to cover your tuition, living expenses, return transportation, and any family members you bring with you to Canada
• You must also abide by the law, have a clean criminal record, and obtain a police certificate
• You are in excellent health, obtain a medical examination
• You must demonstrate to a representative that you will depart Canada when your study visa expires

Your study visa will be granted for the length of time that correlates with your study course. You also have the option of renewing your study permit and applying for a Post Graduate Work Permit (PGWP) after graduation to remain in Canada on a temporary basis.

Working in Canada

The requirements needed in order to meet the eligibility criteria to apply for a Temporary Work Permit to work in Canada is the same as the one needed to visit Canada with the exception that you must have the requisite work experience needed for the job you have applied for.

Step 3: Apply for a Temporary Resident Permit

The process of applying for a Temporary Resident Permit Can be generally outlined as follows:

• Step 1: Determine your eligibility to enter Canada
• Step 2: Gather documentation to support your application to visit Canada
• Step 3: Apply online. Create a profile, upload your documents and pay the fees
• Step 4: Provide your fingerprints and biometrics at your local visa application center
• Step 5: Send your passport to get stamped
• Step 6: Pack your bags and head for Canada!

Perhaps visiting Canada is not enough, and six months is too short a time. Then you’ll need to apply for a longer temporary residence permit, that will allow you to study in Canada or work in Canada.

Why Move to Canada Using a Temporary Resident Permit?

Moving to Canada using a Temporary Resident Permit is an effective way to deal with the unfortunate circumstance of being inadmissible to immigrate to Canada.

For a specified period of time, although you may be exempt from being a beneficiary of the governmental benefits and privileges granted to Canadian permanent residents and citizens i.e free healthcare, the work experience and experience of living in Canada in general will become very beneficial to you in the long-term with regards to improving your chances to obtain permanent residency status in Canada through programs such as the Canadian Experience Class.

How we Can Help You Move To Canada using a Temporary Resident Permit

If you're interested in Canada and want to travel, study, work or just get your first taste of Canadian life, the Canadian government has created plenty of pathways to ensure you can do what you need to do in Canada.

Once you know which Canadian visa program will give you the best chance of being able to live in Canada, and assuming you are admissible! You will need to complete and submit your application with any and all necessary supporting documentation.

It may be helpful to enlist the help of a Registered Canadian Immigration Consultant (RCIC) or an immigration lawyer to assist you with the application process, as the application fee is high, it cannot be refunded and it’s something you want to get right the first time around.

If you're unsure of your admissibility, you can always take an eligibility test that will determine if you qualify to enter Canada. If you require more assistance, hiring an RCIC that will guide you is the way to go.

Some requirements are applicable no matter which visa or immigration program you are applying to, such as being admissible to Canada. Here is a shortlist of the regular requirements you can be expected to meet.

There are various ways to get a visa to Canada that will allow you to stay for a short period. To get assistance with your application process, contact an RCIC for advice.

RCICs can help evaluate you to ensure you're eligible for your visa program, fill out your application forms, help you with letters of motivation, help you put together the necessary documentation for your visa program and provide you with any advice and guidance you may need during your application process.

FAQs

What is the Difference Between a Temporary Resident Visa (TRV) and a Temporary Resident Permit (TRP)?

A Temporary Resident Visa (TRV), also known as a visitor’s visa, is a document issued by the visa office that confirms that you have met all the requirements to enter Canada as a temporary resident.

A Temporary Resident Permit (TRP) is a document that allows technically inadmissible foreigners who have been deemed eligible to enter Canada.

How Long Does it Take to get a Temporary Resident Permit for Canada?

On average, a Temporary Resident Permit (TRP) can take anywhere from one to six months to process.

Can you Work on a Temporary Resident Permit in Canada?

As a temporary resident in Canada, you will need an additional permit to work in Canada. There are two main permits: an open work permit and an employer-specific one. An open work permit will let you work for any employer in any location in Canada.

An employer-specific work permit is for foreign workers who have a job offer with a specific Canadian employer which will require you to work at a specific place of business for a set-out period of time.