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Temporary Resident Permit- Denied Entry into Canada

Updated: October 18th, 2022

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 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. As mentioned earlier, there are various reasons that you could be denied entry to Canada. As mentioned previously, 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 behaviour, 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 absolutely 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 as a free and liberal country that is accepting of all people, the government believes in rehabilitation and that people should not be held 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 in their home country has a Canadian equivalent by law. Otherwise, criminal admissibility does not apply.

Types of Crimes

  • impaired or reckless driving or driving under the influence or excessive speed
  • drug-related crime
  • theft and assault

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

As mentioned earlier, Canada believes in rehabilitation. After five or more 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 three main reasons:

  1. You are a danger to public health
  2. You are a danger to public safety
  3. You are an excessive demand on health or social services

1. 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

2. 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 behaviour;
  • substance abuse that may be dangerous to Canadian citizens.

3. 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 2021, the cost threshold (under temporary public policy) is three times the average cost for health and social services, which is:

  • $108,990 over 5 years (or $21,798 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. As mentioned previously, 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.

Getting Professional Assistance 

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. 

How to Apply for a Canadian Visa

Which visa you apply for will depend largely on what your intentions are in Canada. Do you want to visit? Do you want to find work while you are visiting? Do you already have a job offer? Do you want to live in Canada, enjoying a happy life and a bright future? Here are some of the Canada visa programs, see if any apply to you.

Express Entry System

The Express Entry system - a great way to immigrate to Canada without a job offer! This system fast-tracks skilled professionals’ permanent residency applications so they can be in Canada in as little as six months. The system is made up of 3 programs:

  • Skilled Worker Program - for people with experience and qualifications in managerial and professional roles; for example doctors; accountants, IT professionals, managers, architects, and designers.
  • Skilled Trades Program - if you are a qualified journeyman, good news; trades workers are some of the most in-demand professions in Canada. You will require authentication from a recognized body (such as a red seal) and at least one year of experience working as a tradesman. Popular skills urgently needed in Canada include carpenters, pipefitters, welders, mechanics, plumbers, and electricians.
  • Canada Experience Class - if you answered yes to either of the above two programs and already have or intend to obtain at least one year of experience working in Canada before applying for permanent residency, then this is your choice. The experienced class gets preference over the other two because simply put, the applicants have already shown that they are capable of living and working in Canada.

Provincial Nomination Program

If you know which province you want to live in Canada, you can apply directly to the provincial government. Within this program, there are at least forty to fifty different visa options. The reason there are so many? Each Canadian province has its own Provincial Nomination Program, and each of those has its own unique streams or visas for Canadian immigration. If you are successful in your application you will receive a provincial nomination, which so long as you meet the eligibility criteria for the program you are applying to, guarantees your visa for permanent residency in Canada.

Study in Canada

By getting accepted to a Canadian university, you can apply for a student visa. Once you graduate, you may be eligible for a Post Graduate Work Permit (PGWP) and to apply for permanent residency in Canada. You will be able to secure a great job, settle, live, and work in Canada if you follow the pathway of becoming a foreign graduate in Canada.

Applying for Your Canadian Visa

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. 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.

Canada Visa Eligibility Requirements
Admissible to Canadathe whole point of this blog!
Experience/Qualificationnot a requirement for every type of immigration or visa program
Educationevery program has a minimum requirement of at least a Canadian high school diploma or the equivalent.
Proof of fundsif you don’t have a job offer in Canada, you must show you can pay for your cost to move and settle in Canada
Language Requirementsdepending on your visa type, you will need to get a minimum score on one of the Canadian Language Benchmark tests
Medical Examinationyou may be required to have a doctor's examination to show you don’t have any terminal/life threatening illnesses.

Frequently Asked Questions: Temporary Resident Permit (TRP)

man typing on laptop | temporary resident permit

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.

How much does a Temporary Resident Permit for Canada cost?

The processing fee for a Temporary Resident Visa (TRP) is $200.

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. 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.

What are the processes for determining inadmissibility in Canada?

To determine whether or not you are inadmissible to Canada you will have to undergo a number of processes. These include:

  • A physical examination
  • A mental examination
  • A review of past medical history
  • Laboratory tests;
  • Diagnostic tests and;
  • A medical assessment records concerning the applicants.

How does a Legal Opinion Letter help?

Sometimes having a signed and verified letter from a Canadian lawyer or immigration professional can help you gain admissibility to Canada. It is however important to note that this could have an additional cost of anywhere between $2,000 and $5,000 depending on your case and your chosen legal practitioner. 

Taking the Next Step

woman sitting in airport looking at phone and laptop | temporary resident permit

Finding out that you are inadmissible to Canada can be devastating, but it isn’t necessarily the end of your Canadian journey. There are many reasons you may not be able to enter Canada including, medical, criminal, and financial reasons, to name a few. But Canada believes in second chances and even though you may have a record, you may still be deemed admissible to Canada should you meet certain requirements.

Need help finding out whether you’re admissible to Canada or applying for a temporary resident permit for Canada?

The Regulated Canadian Immigration Consultants (RCICs) we work side by side with, have not only been through the immigration process themselves but are well-versed in all Canadian immigration legislation and policies. But don’t take our word for it. They are all ICCRC-accredited and are ready to help you find your pathway to permanent residence in Canada.

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