On This Page You Will Find
- What criminal inadmissibility means in Canada
- When a Temporary Resident Permit can be issued
- Eligibility and application process for a TRP
- Validity, conditions, and cancellation of TRPs
- Frequently asked questions
Understanding Criminal Inadmissibility
Criminal inadmissibility means a person is not allowed to enter or stay in Canada because of a criminal conviction or offence committed either inside or outside the country. Immigration, Refugees and Citizenship Canada (IRCC) evaluates foreign convictions under Canadian law to determine whether they would be considered criminal offences in Canada.
Common reasons for criminal inadmissibility include impaired driving, assault, theft, fraud, and drug-related offences. However, people who are inadmissible may still be allowed to enter Canada temporarily through a Temporary Resident Permit (TRP).
What Is a Temporary Resident Permit?
A Temporary Resident Permit (TRP) allows a person who is otherwise inadmissible to Canada to enter or remain in the country for a specific, justified purpose.
TRPs are issued only in exceptional circumstances, when the benefits of allowing someone to enter outweigh the risks to Canadian society. Immigration officers consider each case carefully, balancing humanitarian, social, and economic factors against public safety concerns.
Examples include:
- Attending a family event such as a wedding or funeral
- Participating in a business meeting or conference
- Performing in a concert or sports event
- Providing specialized skills that benefit the Canadian economy
A TRP is not automatically granted and remains entirely at the discretion of the immigration officer assessing the application.
Eligibility for a Temporary Resident Permit
To qualify for a TRP, the applicant must first be found inadmissible to Canada. Officers assess each case by considering:
- Whether the need to enter or stay in Canada is compelling
- Whether the benefits of entry outweigh any potential risk to Canadian society
- The seriousness of the original offence and the time elapsed since it occurred
- The likelihood of reoffending or posing a future risk
- Whether the applicant served a jail sentence or has shown rehabilitation
Applicants who can demonstrate stable employment, community involvement, or strong family ties are more likely to succeed. Providing supporting documents such as police records, letters of reference, or evidence of rehabilitation strengthens an application.
A TRP can be requested from outside Canada, or in certain cases, directly at a port of entry. Individuals involved in organized crime must apply from abroad.
Note: People who were denied refugee protection in Canada must wait at least 12 months before becoming eligible for a TRP.
Validity of a Temporary Resident Permit
A TRP may be valid for one day to three years, depending on the purpose of the visit and the applicant’s situation.
Factors that affect the validity period include:
- Duration and nature of the planned stay in Canada
- The urgency or humanitarian need for entry
- The level of risk posed by the applicant
- Whether any new admissibility issues have arisen since a previous TRP
If a TRP holder also holds a valid work or study permit, the TRP will match the same validity period.
TRP holders who wish to continue staying in Canada after expiry must apply for a new permit before the current one ends. In some cases, long-term TRP holders may become eligible for permanent residence after maintaining continuous legal status for several years.
Conditions and Obligations of TRP Holders
All TRP holders are required to:
- Leave Canada when the permit expires or is cancelled
- Apply for a new TRP if they wish to extend their stay
- Obtain a valid work or study permit if they plan to work or study
- Comply with all Canadian laws and immigration conditions
Failure to meet these obligations can result in:
- Immediate cancellation of the TRP
- Removal from Canada
- Future inadmissibility for failing to leave after cancellation
Leaving and Re-Entering Canada
In most cases, TRPs do not allow re-entry. If a holder leaves Canada, the TRP becomes invalid. However, immigration officers may authorize re-entry in limited situations, based on:
- Possession of a valid passport or travel document
- The applicant’s country of origin and visa requirements
- Compliance with Canadian border and immigration laws
If a TRP holder attempts to re-enter without authorization, the permit will be cancelled immediately.
Immigration officials may also cancel a TRP at any time if they believe circumstances have changed or if new information justifies withdrawal. When a TRP is cancelled, the person must leave Canada right away. A failure to do so may result in future inadmissibility.
Frequently Asked Questions
What is the difference between a TRP and criminal rehabilitation?
A TRP allows temporary entry despite inadmissibility, while criminal rehabilitation permanently resolves inadmissibility for those who meet eligibility criteria, usually after five years.
How long does it take to get a TRP?
Processing times vary by location and case complexity. TRP applications made at the border may receive same-day decisions, while those made abroad can take several months.
Can a TRP holder work or study in Canada?
Yes, but only with a valid work or study permit. A TRP alone does not authorize employment or education in Canada.
What happens if my TRP is cancelled?
If your TRP is cancelled, you must leave Canada immediately. You will be given written notice and the opportunity to respond before the cancellation becomes final.
Can a TRP help me apply for permanent residence?
Yes. After holding valid TRPs continuously for several years, some individuals may become eligible to apply for permanent residence, provided they meet all other requirements.
