Dear Mr Brown,

I was deported from the United States after a drug conviction and I am inadmissible to visit Canada. However, my daughter in Canada has cancer and I need to visit her. I heard about a temporary resident permit. Can you explain it to me?

— MB

Dear MB,

In some exceptional cases where one is deemed inadmissible, there may be compelling reasons for the High Commission of Canada to issue a temporary resident permit (TRP).

Temporary resident permit

A TRP is a highly discretionary document that may be issued to an inadmissible person, to allow them to enter or remain in Canada, where justified. This allows Canada to respond to social, humanitarian and economic commitment in response to exceptional circumstances.

The risk of entry to Canada is weighed against the foreign national’s need for admission. The circumstances must be compelling and sufficient to overcome inadmissibility.

A temporary resident permit is a document that can carry privileges greater than those accorded to visitors, students and workers with temporary resident status. It allows application inland for a work or study permit, and may give access to health or other social services. Moreover, after a certain period of time, a TRP holder may apply for Canadian permanent residence.

Period of validity

A permit may be issued for up to three years. It may be extended or cancelled by a visa officer. If the period of validity elapses, the person must apply for a new permit, which marks a break in continuity. The permit is no longer valid if the permit holder leaves Canada, unless re-entry has specifically been authorised.

A temporary resident permit in the context of criminality can still be granted if:

• The offence was minor, that is, there was no involvement of drugs, physical violence or damage to property;

• There were no more than two convictions;

• There was no pattern of criminal behaviour;

• The individual has completed all sentences; and

• There is a high probability that the individual will successfully settle in Canada without committing further offences.

Criteria

A person may be eligible for a TRP, who is:

• Inadmissible and seeking to enter Canada if an officer is of the opinion that it is justified in the circumstances;

• In Canada and is inadmissible; or

• Not eligible for renewal of status.

The following are considered when granting a TRP:

• The factors which make the person’s presence in Canada necessary (for example family ties, job qualifications, economic contribution, and temporary attendance at an event);

• The intention of the legislation (for example, protecting public health or the health care system, or the security of Canada or Canadians);

• The type/class of application and pertinent family composition, both in the home country and in Canada;

• The tangible or intangible benefits which may accrue to the person concerned and to others; and

• The bona fides of the sponsor, host or employer.

Therefore, the need to enter or remain in Canada must be compelling and sufficient to overcome the risk, also, the risk to Canadians or Canadian society is minimal and the need for the presence in Canada should outweigh said risk.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work programme, Visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com .