PERMANENT RESIDENCE UNDER THE TEMPORARY RESIDENT PERMIT CLASS


PERMANENT RESIDENCE UNDER THE TEMPORARY RESIDENT PERMIT CLASS

  1. What is a Temporary Resident Permit (Temporary Resident Permit)?

A Temporary Resident Permit is a visa that allows a person who is other inadmissible to remain in Canada with a valid legal status.

2. Who can apply for a Temporary Resident Permit?

A person who is inadmissible to Canada based on the following grounds:

  • Health grounds

  • Criminality

3. What are the benefits of applying for a Temporary Resident Permit?

There are many benefits of applying for a Temporary Resident Permit. Some of these are:

  • Can apply for a work permit or a study permit and receive other benefits (NOTE: Temporary Resident Permit must be valid for 6 months or more)

  • Can spend time with family members and friends in Canada

  • May be eligible for permanent residence in the future (see below for more details).

4. Under what circumstances will an immigration officer grant a Temporary Resident Permit?

An immigration officer will grant a Temporary Resident Permit if he or she is of the opinion that:

  • You are a low risk to Canadian society.

  • There are compelling reasons for your stay in Canada.

  • Reasons for your stay outweighs any risk.

  • Refusing your application may have a negative effect on economic activities or employment of Canadian citizens and permanent residents

5. What factors are considered when applying for a Temporary Resident Permit?

There are many factors that an immigration officer will consider when assessing an application for a Temporary Resident Permit. Some of these factors include but are not limited to:

  • For inadmissibility based on criminality

  • Sentence completion and fine payment

  • Severity of the offence

  • Other criminal charges

  • Time elapsed since the offence

  • Consequences and risk caused by the person’s presence in Canada

  • Evidence of rehabilitation

  • Economics interests to Canada

  • For inadmissibility based on health grounds

  • Type of health condition

  • Severity

  • Risk to Canadian society

  • Person’s ability to support themselves in Canada

  • Financial resources

  • Insurance coverage of treatment fees (How much will insurance cover?)

6. How can a Temporary Resident Permit lead to Permanent Residence?

A Temporary Resident Permit holder may apply for permanent residence if he or she:

  • Currently has a valid Temporary Resident Permit

  • Have not become inadmissible on another ground other than the one which the original Temporary Resident Permit was issued

  • Have continuously resided in Canada as a Temporary Resident Permit holder for 3-5 years as outlined below

3 years

- Inadmissible on health grounds

- Inadmissible for having a family member who is inadmissible on health grounds

5 years

Inadmissible on any other grounds EXCEPT:

  • Serious criminality

  • Organized crime

  • Security

  • Violation of human or international rights

7. How much does a Temporary Resident Permit application cost (government fee)?

The government fee for a Temporary Resident Permit is $200.

NOTE: A one-time fee exemption is available for impaired driving (also known as driving under influence or DUI).

8. Why should I retain a lawyer or a consultant?

It is beneficial for you to retain a lawyer or a consultant for your Temporary Resident Permit application. The Canadian criminal legal system is complex. Many criminal offences are hybrid offences in Canada, meaning that they may be tried as a summary offence or a indictable offence. A lawyer can give you a legal opinion to determine whether your offence is a summary offence or an indictable offence.

In addition, a lawyer or a consultant possess extensive knowledge of immigration law. The lawyer or consultant are aware of various caselaw regarding Temporary Resident Permits and criminal inadmissibility and they can use this knowledge to argue your case before the immigration officer. The lawyer or consultant can explain your situation clearly to the immigration officer and make a case for your stay in Canada.


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