Temporary Resident Permit (TRP)
Temporary Resident Permit (TRP)
A Temporary Resident Permit allows a foreign national who is otherwise inadmissible to Canada to enter or remain in Canada for a limited period of time where an immigration officer determines that the individual’s need to enter or stay outweighs the risk to Canadian society. A TRP does not eliminate inadmissibility, does not create permanent status, and does not establish a right to future entry. Each TRP decision is discretionary, fact-specific, and confined to the purpose, duration, and conditions imposed by the officer.
Legal authority and discretion behind TRPs
TRPs are issued under section 24 of the Immigration and Refugee Protection Act and are among the most discretionary tools available to immigration officers. There is no entitlement to a TRP, no formal points system, and no checklist that guarantees approval. Officers are permitted to approve or refuse even strong applications, provided the decision is reasonable and grounded in the evidence. This makes legal framing and risk control significantly more important than in standard visa applications.
Types of inadmissibility addressed by TRPs
TRPs are most commonly used to overcome criminal inadmissibility, but they may also be issued to address medical inadmissibility, misrepresentation, prior immigration violations, or other grounds that would otherwise prevent entry or stay. The underlying inadmissibility remains legally intact, and the TRP functions only as a temporary override for a defined period and purpose.
Criminal inadmissibility and offence equivalency analysis
In criminal cases, officers assess inadmissibility by comparing the foreign offence to its Canadian criminal law equivalent, not by relying on the foreign offence label. Even offences treated as minor or administrative abroad may correspond to indictable or hybrid offences in Canada. Accurate offence equivalency analysis is critical, as mischaracterizing the seriousness of the offence can undermine credibility and lead to refusal.
Serious criminality and elevated risk cases
Where the Canadian equivalent offence carries a maximum sentence of ten years or more, the inadmissibility is classified as serious criminality. In such cases, TRP approval is significantly more difficult and requires exceptional justification. Officers scrutinize public safety risk, behavioural patterns, and the necessity of travel with greater intensity, and weakly justified applications are often refused without requests for additional information.
Balancing test applied by officers
Officers apply a balancing test that weighs the applicant’s need to enter or remain in Canada against the risk posed to Canadian society. Factors on the risk side include seriousness of the offence, number of offences, time elapsed, compliance with sentencing, and behaviour since the offence. Factors on the need side include urgency, humanitarian considerations, family impact, economic significance, and lack of reasonable alternatives. A strong application explicitly addresses both sides of the balance rather than focusing only on hardship or remorse.
Purpose and necessity of travel
The stated purpose of travel must be specific, credible, and proportionate to the requested duration of the TRP. Officers distinguish between discretionary travel, such as tourism or convenience visits, and compelling travel, such as family emergencies, essential business activities, or significant humanitarian reasons. Vague or optional purposes significantly reduce approval likelihood, particularly in criminal inadmissibility cases.
Duration, validity, and conditions of a TRP
A TRP may be issued for a single entry or multiple entries and may be valid for a few days, months, or in rare cases several years. The duration is limited to what the officer considers strictly necessary to address the stated purpose. TRPs may include conditions such as geographic restrictions, reporting obligations, or limitations on employment, and violation of TRP conditions can result in cancellation and future refusals.
Relationship between TRPs and visas or work permits
A TRP does not replace a visitor visa, work permit, or study permit. In many cases, the TRP functions alongside another authorization document that governs permitted activities in Canada. An applicant may be issued a TRP together with a visitor visa or work permit, but the TRP itself does not authorize work or study unless explicitly stated.
Applying for a TRP outside Canada
Most TRP applications are submitted outside Canada through a visa office or online. These applications require full disclosure, certified court records, proof of sentence completion, police certificates where applicable, and detailed written submissions. Processing is slow and unpredictable, and applications involving serious criminality or recent offences may undergo extended review.
Applying for a TRP at a port of entry
Port of entry TRPs are legally available but operationally risky. Border officers have broad discretion, limited time, and no obligation to consider lengthy submissions. There is no appeal or reconsideration mechanism if refused, and refusal may result in immediate denial of entry. Port of entry TRPs are appropriate only where urgency is genuine, documentation is complete, and legal risk is carefully assessed in advance.
Evidence of rehabilitation and risk mitigation
While TRPs do not require formal rehabilitation eligibility, officers still assess rehabilitation factors such as time elapsed, compliance with sentencing, employment stability, community ties, and absence of repeat behaviour. Evidence of rehabilitation reduces perceived risk and directly affects the balancing analysis. Unsupported assertions of reform are rarely persuasive.
Prior refusals and cumulative risk
Previous TRP refusals, visa refusals, removals, or findings of inadmissibility do not automatically bar approval but compound risk. Each prior refusal must be disclosed and directly addressed. Repeated applications without material change in circumstances or improved legal framing often result in predictable refusals.
Interaction between TRPs and permanent solutions
A TRP is not a substitute for permanent relief such as Criminal Rehabilitation. In many cases, a TRP is used as a temporary bridge until the applicant becomes eligible to apply for rehabilitation. Relying indefinitely on TRPs is risky, as approval is never guaranteed and past approvals do not bind future officers.
Government fees
The government fee for a Temporary Resident Permit application is $200 CAD, payable directly to the government and non refundable once processing begins. Additional government fees may apply for biometrics, visas, or work permits if required in conjunction with the TRP.
Processing times
TRP processing times vary widely. Visa office applications commonly take several months or longer, particularly for criminal inadmissibility cases. Port of entry applications may be decided the same day but carry significantly higher refusal risk. No processing timeline is guaranteed.
Our scope of services and legal fees
Our services include detailed inadmissibility and offence equivalency analysis, assessment of TRP viability versus alternative options, strategy selection for visa office or port of entry filing, document and evidence structuring, drafting of comprehensive legal submissions addressing officer discretion and public safety concerns, and full management of the TRP application through to final decision. Legal fees for TRP matters typically range from $2,000 to $4,000 CAD plus HST, depending on seriousness of inadmissibility, number of offences or issues, urgency, and filing method.
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