Dear Mr Brown,

I am inadmissible to visit Canada based on being deported from the US on a drug conviction. However, I would like to visit my mother who is sick with stage 2 cancer. I read something about a temporary resident visa versus permit. I want to know which is best and how to go about applying for one.

-CD

Dear CD,

I receive a lot of questions about this topic as sometimes there is confusion between the temporary resident visa (TRV) and temporary resident permit (TRP). As such, I try to explain the difference occasionally in published responses. I can provide general guidance regarding a temporary resident permit, as there were a few details that were not included in your query.

A temporary resident visa is commonly known as a visitor’s visa that allows one to enter Canada to visit relatives or friends, tourism or for specific functions. Holding a TRV does not guarantee entry to Canada. The admission of foreign nationals into Canada as temporary residents is a privilege, not a right.

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 TRP 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 TRP 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 The permit is no longer valid if the permit holder leaves Canada unless re-entry has specifically been authorised.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 ie 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

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

Criteria

The overall rationale for granting a TRP is the need to enter or remain in Canada must be compelling and sufficient to overcome the risk and the risk to Canadians or Canadian society is minimal and the need for the presence in Canada outweighs said risk.

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

• Not eligible for renewal of status.

The following factors are examples of considerations for granting a TRP:

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

• The intention of the legislation (eg, 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

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

• The historical pattern of non-compliance of the law

• The credibility of the applicant

• The possibility that the applicant intends to become a permanent resident and the risk of requiring social assistance.

Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programs, including Express Entry, The Study & Work program, 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 & education firm in Kingston. Send questions/comments to documents.jamaica2canada@gmail.com