A temporary resident permit (TRP) is a document that gives you permission to enter/stay in Canada for a limited period of time, determined by the Canada Border Services Agency and/or Immigration, Refugees and Citizenship Canada. TRP holders are subject to strict requirements (especially time limits) and TRPs can be cancelled at any time at the discretion of the Canadian government.
If you have attempted to enter Canada and you were denied entry, you are likely inadmissible. If you participated in an assessment at a Port of Entry or a Diplomatic Mission, and were told you could not enter, you are inadmissible. If you fit into any of the following categories, you are inadmissible: Security risk:
Human rights violations:
Criminal activity:
Health grounds:
Immigration violations:
The Canadian government does not specify what particular reasons are regularly accepted for TRPs. They will grant them on “exceptional” humanitarian, compassionate, or human interest grounds, but these are never defined in the Immigration and Refugee Protection Act (IRPA). Humanitarian and compassionate grounds usually indicate that the applicant is somehow in danger if they cannot enter Canada, or that the applicant’s family is already in Canada and that they will experience hardships if the applicant is not allowed to enter Canada. Both of these cases must be proved to the satisfaction of Canadian immigration officials. These decisions are made on a case-by-case basis and there may be other grounds through which a TRP could be gained for humanitarian or compassionate reasons. Human interest grounds usually refer to the cultural, scientific, academic (or other) importance of the applicant’s work. For example, such grounds are used as the basis to allow an otherwise inadmissible eminent physicist to enter Canada to attend a conference on physics. Human interest grounds must be proved to the satisfaction of Canadian immigration officials by the applicant and those sponsoring the event(s) or conference(s). These decisions are made on a case-by-case basis.
That depends on the type of crime(s) you committed. It also depends on where the crime(s) was committed. For convictions for crimes that would be punishable within Canada by a maximum sentence of over 10 years in prison:
If your crime was an act that would be punishable in Canada by a maximum imprisonment of less than 10 years:
An application for rehabilitation is a way of applying to determine if you are no longer inadmissible on criminal grounds. Under most circumstances it must be filed at least 5 years after the completion of your sentence, at the nearest visa office (or in the US at a Port of Entry). For particularly serious crimes it must be filed after 10 years. Early applications can be made, and may be granted under very special circumstances. An application for rehabilitation must be submitted even if you are only applying for the Canadian government’s free assessment to determine the length of your inadmissibility. If your application is accepted, you will no longer require TRPs to enter Canada.
Not necessarily. Canadian immigration officials may deem you rehabilitated when you apply for entry into Canada if enough time has passed since your sentence ended (depending on the type and severity of the crime). The best way of discovering your status is through an assessment. An assessment determines whether you are already “deemed rehabilitated” by the Canadian authorities, whether you must apply for rehabilitation, or whether it is impossible for you to enter Canada because of your past criminal history. The responsibility to prove you are rehabilitated lies with you so it is best to at least submit an assessment.
If you were inadmissible to Canada on criminal grounds you can become admissible if enough time has passed since your crime (depending on the nature of the crime). If you satisfy these rules you may be deemed admissible by Canadian immigration officials without having to pay to apply for rehabilitation. Canadian immigration officials can perform a rehabilitation assessment by request at overseas visa offices (or Ports of Entry in the United States) which will inform you whether or not you are now admissible. It is possible to attempt to enter Canada without the assessment if you meet the requirements posted on CIC’s website. However, this is not recommended because admission is never guaranteed and you are more likely to be allowed to enter Canada provided you have made some kind of attempt to show the immigration officials you are rehabilitated.
The onus is on you to prove to the Canadian immigration authorities that your condition does not render you inadmissible. If you are coming to Canada for less than six months, you are not subject to a medical examination. It is therefore possible, though definitely not recommended, that if you have a medical condition which makes you inadmissible, you could apply for a temporary resident visa, provided it is for less than six months and be accepted. However, failure to disclose your communicable disease would be an immigration violation and make you doubly inadmissible. You should not do this under any circumstances. If you are the spouse, common-law partner, or dependent child of a Canadian permanent resident/Canadian citizen, you are admissible to Canada even if your condition will not cause excessive demand on the health or social system. Convention refugees and protected persons are similarly exempt from this category of inadmissibility. However, a communicable disease that endangers the public safety of Canada is still grounds for inadmissibility, regardless of the nature of your application. If you think Canadian immigration authorities would regard your condition as grounds for inadmissibility, or you have been told by Canadian immigration authorities already that your condition makes you inadmissible, the onus is on you to convince them and a Designated Medical Practitioner (DMP) that your condition either:
If there are compelling humanitarian, compassionate or public interest grounds to allow you to enter Canada for a brief time despite a medical condition that makes you inadmissible, then you may be granted a TRP, but only at the discretion of immigration officials and a DMP. The restrictions on your TRP may be severe.
Whether or not you can return to Canada depends on how you were asked or ordered to leave in the first place:
If you have been ordered out of Canada, or physically removed, you may need to apply for an authorization to return to Canada. This authorization is the way the Canadian government grants you permission to apply for a TRP (as removal orders make you otherwise inadmissible to Canada). Depending on where you are applying, there may be a separate form or you may apply on a temporary residence visa (TRV) form (the same form on which you would apply for a TRP). For example, the visa offices in Vienna and in London both have their own ARC forms. It is best to contact us or the visa office near you before applying.
There are a number of types of violations of the IRPA that can render you inadmissible, e.g. misrepresentation, failure to respect the time limits of your visa or your permit, failure to respect the restrictions for permanent residents, and anything which makes you the subject of a removal order. Misrepresentation is considered fraud. It includes using fake or altered documents to enter Canada, gain status in Canada or gain Canadian citizenship. These documents may include passports or other travel documents, visas, diplomas and other education certificates, vital statistics certificates (i.e. birth, death, marriage), and any kind of criminal records or police certificates. If you misrepresented yourself to Canadian immigration officials, you could be subject to the following penalties:
If you overstayed your visa or permit you can attempt to apply for a TRP within Canada but most likely you will be met with a removal order (unless there are exceptional circumstances). You should leave Canada and seek an assessment at the visa office in your country of origin. This assessment will tell you whether you can apply for a visa or a TRP. If you are a permanent resident who failed to comply with the permanent resident conditions regarding days in Canada, you should stop traveling immediately and stay within Canada until you again comply with the regulations. Applying for a TRP should only be a last resort if you are outside of Canada when you violate the condition and are not allowed to return. You may need to obtain an Authorization to Return to Canada in this case.
No.
It depends on whether or not Canadian immigration classifies you as a “senior” member, i.e. someone with responsibility for the government actions that resulted in the imposed sanctions. The only way you could answer this question would be to ask for an assessment at the visa office nearest your country.
Most likely, it depends on whether your organization has been classified as a terrorist organization by the Canadian government. This is the kind of decision that would be made by Canadian immigration on a case-by-case basis and the only way you would be able to discover whether you are inadmissible or admissible would be through an assessment or a TRP application.
In order to apply for a TRP, you must apply using a temporary resident visa form, unless you are from a country where you don’t need a visa, and then you must use special forms from your closest visa office. For further information, contact us.
