There is a remedy to address inadmissibility known as a temporary resident permit. Such inadmissibilities may include the broad categories of criminal inadmissibility, and  medical inadmissibility. Some more specific examples suitable to facilitate entry to Canada may include trying to enter Canada before a five year ban from misrepresentation has elapsed, or  trying to regain temporary status in Canada after losing temporary status.

Where to File

The filing of a temporary resident permit application is typically connected to the location of the applicant: if the applicant is outside of Canada then the TRP is filed electronically and processed at a visa office outside of Canada.  By contrast if the applicant is inside of Canada then the application is filed usually through a paper method and sent by post to the immigration office in Edmonton Alberta.

What to Include

The minimal requirements are a government fee and (for inside of Canada applications) an application form called imm 5710e. These are the minimal requirements.  Evidence of the inadmissibility that occurred (e.g a refusal letter that identified a misrepresentation, or a police record) is beneficial.  Proof of why the person is entering Canada is helpful.  Written submissions should also be included.  A discussion of written representations are below under “What to Say”

What to Say

The TRP must address the actual inadmissibility.  This could mean, for example the history of criminality and the legal charges and convictions.  This could also mean describing the reason a previous immigration officer meted out the finding of a material misrepresentation.

There should also be a justification or rationale for why it is important to enter Canada.  This may involve third parties such as a child’s interests, or a Canadian employers interests, or something connecting the person’s entry to Canada to some other factor like the strength of the Canadian economy.

There should also be some reason given to an officer that the risk to the Canadian public is low.  For example, a person seeking a TRP because of past criminal activity would have to show that they would not be prone to criminal activity.  Similarly, the person seeking to use a trp to correct a loss of status in Canada would have to provide an argument that the likelihood of violating Canada’s immigration laws again would be minimal.

If you have a record of inadmissibility due to criminal history or a finding of misrepresentation,  or because of being in Canada without status and wish to enter Canada contact Chaudhary Law Office for a consultation to evaluate your prospects to enter or remain Canada.

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