Butkowsky Immigration Law

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Temporary Residence - Butkowsky Immigration Law

When an individual is inadmissible to Canada for criminal, security, or medical reasons, they may still be eligible for a Temporary Resident Permit (TRP). A Temporary Resident Permit allows an individual who meets certain criteria to temporarily overcome their inadmissibility for a predetermined period of time. TRP applicants must demonstrate that there is a significant reason that they need to enter Canada.

Those who are inadmissible to Canada for reasons related to their criminal records are also inadmissible for any study, work, or visiting purposes, and are prohibited from applying for permanent resident status. However, a TRP can allow these people to gain entry to Canada for specific reasons and for a limited length of time. TRPs are available to foreign workers, foreign students, or visitors, but are not a part of the permanent resident process.

There are several circumstances that may constitute criminal inadmissibility. In general, a person is deemed criminally inadmissible if he or she has been convicted of an offence and less than five years have elapsed since the completion of the sentence, or if more than five years have elapsed since the completion of the sentence but the inadmissible person has not applied for or received a positive decision on an application for criminal rehabilitation. In such situations, a Temporary Resident Permit is required until it can be proven that the holder’s criminal inadmissibility has been suspended or removed (for example, through the criminal rehabilitation process). In other words, criminal rehabilitation is a permanent solution to criminal inadmissibility, while a TRP is only a temporary fix. Individuals who are eligible for criminal rehabilitation but have not yet applied and require entry into Canada should apply for a TRP and criminal rehabilitation at the same time.

Applicants may apply for a Temporary Residence Permit at the Canadian visa office or at any port of entry. The government of Canada prefers that individuals apply well in advance if they know they must enter Canada at a given time and are inadmissible. In the application process, you will need to provide supporting documentation showing why you are inadmissible and why you need to enter Canada. In some cases, an interview may be required to fully evaluate your application. Even after a TRP is issued, it may be cancelled by an immigration officer at any time.

Butkowsky Immigration Law is committed to providing sound advice and excellent client service in the field of immigration law. The firm enjoys a strong reputation in the Toronto legal community, and is committed to obtaining the best possible results in every case. After more than 20 years in practice, Larry Butkowsky remains passionate about helping his clients and will work tirelessly to protect their rights and ensure that the immigration process to Canada is a smooth and efficient one.  His firm is located at 41 Madison Ave., Toronto, Ontario M5R 2S2, or he may be reached by calling (647) 694-0539.