Temporary Resident Permit: When a TRP is Your Only Lifeline in Canada

You’ve built a life in Canada: a career, a family, and deep community roots. But if a past mistake, like a criminal conviction, has made you criminally inadmissible and now your established life in Canada may be in jeopardy. You may not be able to apply for permanent residence (PR) and you face removal. For temporary foreign nationals in Canada who are in this precarious situation, the Temporary Resident Permit (TRP) is an option for you to legally remain in Canada.

Understanding the TRP in the Face of Inadmissibility

A Temporary Resident Permit (TRP) is a discretionary status document that allows inadmissible applicants to remain in Canada temporarily. It is issued only if an immigration officer determines that the benefit of your stay in Canada outweighs the potential risks to public health or security, and believes you are not a risk.

Why a Temporary Foreign National Needs a TRP

When you are living and working in Canada as a temporary foreign national and are found to be criminally inadmissible (for an offense like a DUI, which is considered serious criminality in Canadian law), you lose your legal eligibility to remain. A TRP is essential when:

1. You are Ineligible for Criminal Rehabilitation: You have not yet completed the five-year, crime-free waiting period since the completion of your sentence.
2. You Need Time to Apply for PR: A TRP allows you to remain in Canada while you submit a complex PR application, usually on Humanitarian and Compassionate (H&C) grounds, which can take years to process.

Case Scenario:
Alexandru came from Romania to Canada as a student at the age of 18. Years later, he was convicted of a DUI. Despite this past mistake, he built a family in Canada with his Canadian wife and two Canadian children. He is the sole financial provider, as his wife is disabled and unable to work. One of his children is autistic and relies heavily on the stability of specialized Canadian health and educational support.

Best Interests of the Children
Removing Alexandru would have caused extreme financial deprivation and disrupted the critical, specialized care and stable environment required for his autistic child’s well-being. The lack of comparable services in Romania demonstrated the serious hardship his family would face if he were forced to leave.

Undue Hardship
It was also clear that his removal would create profound undue hardship for his family, far beyond normal separation. Without his income, the household would collapse financially due to his wife’s disability. The loss of stability and access to specialized services would have placed his autistic child’s health and educational development at serious risk.

Rehabilitation
Alexandru demonstrated rehabilitation by showing absolute remorse, maintaining a clean record since the conviction, and living a sustained, productive life as a contributing member of Canadian society. These factors proved he was fully rehabilitated and posed no ongoing threat to the public.

Outcome
On the strength of these arguments, Alexandru’s TRP application was approved. This positive outcome allowed him to remain in Canada, continue supporting his family, and ensure his autistic child’s critical needs were met, all while his permanent case for exemption moved forward.

The Value of a Immigration Consultant for a TRP Application

TRP cases are incredibly high-stakes, discretionary, and legally intricate. The margin for error is non-existent.

A professional specializing in inadmissibility is essential to:

1. Develop a Dual Strategy: They will determine if you should pursue Criminal Rehabilitation (the permanent fix) or if the circumstances require an immediate TRP filed concurrently with a robust H&C application.
2. Document Special Considerations: They know how to collect and present medical records, educational assessments, and therapist letters to legally frame the autistic child’s needs as a crucial H&C factor that outweighs the criminality.
3. Draft the Hardship Narrative: They translate the family’s personal hardship—the wife’s disability, the child’s specialized needs, and the financial reliance—into the compelling legal arguments required to satisfy the “benefit vs. risk” test.

Bringing it to Northia

At Northia, we understand that situations involving H&C applications are among the most complex and high-stakes in Canadian immigration. Navigating TRPs and H&C submissions requires careful planning, meticulous documentation, and strategic legal framing.

We guide you through every step:

• Assessing your eligibility for a TRP and/or H&C application
• Developing a tailored strategy that addresses your unique circumstances
• Preparing and reviewing all documentation to ensure your application is complete
• Advocating on your behalf to maximize your chances of approval

Your life, family, and future in Canada are too important to leave to chance. Let Northia help you build the strongest case possible and maintain your stability in Canada. Book your consultation.