TRP

[enna00]

Does anyone here have experience with applying for a trp (temporary resident permit)

 

[computergeek]

It's a rather difficult path to travel down, since temporary resident permits are entirely discretionary.

There are three reasons for which people generally seek TRPs:

- Criminal inadmissibility (ergo, you have a criminal offence of some sort that makes you inadmissible to Canada)
- Medical inadmissibility (ergo, you have a medical condition that makes you inadmissible to Canada)
- Inability to demonstrate temporary intent to enter Canada (ergo, they don't think you're going to leave)

If you are doing this within the context of a separate application (e.g., TRV, work/study permit, permanent resident application, etc.) then you should submit your TRP application along with that other application. This is common with PR applications for example, where there is a criminal conviction of some sort that cannot be rehabilitated at the present time.

A TRP is never "just granted" - there has to be some reason for doing so because it is a "discretionary grant". For example, there are published guidelines that indicate granting TRP in family sponsored PR applications deserve serious consideration. There are cases I've heard reported in which infant children are granted TRPs because they are not eligible for TRVs (e.g., they fail the "you are going to leave" test). For example, PRs where the baby is born outside Canada can usually obtain a TRP (typically after being denied a TRV) on humanitarian grounds.

So there are three grounds on which TRPs are granted:

• National Interest - this would apply, for example, if a refusal of your entry would be detrimental to Canada. If people depend upon your presence for their jobs, for example.
• Humanitarian - granting the TRP would meet Canadian humanitarian and compassionate interests
• Early Admission - granting early access to Canada to a sponsored family member who has a permanent resident application in process

This is a pretty broad list.

OP 20 (http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf) gives some hope here of course:

Normally, persons who do not meet the requirements of the Immigration and Refugee Protection Act are refused permanent resident or temporary resident visas abroad, denied entry at a port of entry, or refused processing within Canada. In some cases, however, there may be compelling reasons for an officer to issue a temporary resident permit to allow a person who does not meet the requirements of the Act to enter or remain in Canada. Temporary resident permits allow officers to respond to exceptional circumstances while meeting Canada’s social, humanitarian, and economic commitments.

The key word is compelling. You must have a compelling reason and your inadmissibility must clearly be overruled by that compelling reason.

The BEST course of action is to find an attorney with experience in the type of TRP you are seeking, because it is unlikely you will be successful in representing yourself (in general, we tend to lack objectivity about our own cases).

Regardless of what you decide, good luck!

 

[Pippin]

A well earned +1 Computergeek, for your answer.

 

[hbushra]

My Husband's in canada and he is a refugee claimant. He doesn't have his passport so he can't travel back to his home country anymore. I applied for TRV twice before he became a refugee claimant and got refused.

Since he filed his claim before DEc 15 2012, his claim could take years to finalize. almost 4 years as per the current timelines mentioned on the CIC's website.

Now, is there any chance i could get TRP instead of TRV? My marriage is failing just because i couldn't visit my husband.

Can you guide me as to whether i should apply for TRV again or TRP? or both at the same time?

 

[computergeek]

My Husband's in canada and he is a refugee claimant. He doesn't have his passport so he can't travel back to his home country anymore. I applied for TRV twice before he became a refugee claimant and got refused.

Since he filed his claim before DEc 15 2012, his claim could take years to finalize. almost 4 years as per the current timelines mentioned on the CIC's website.

Now, is there any chance i could get TRP instead of TRV? My marriage is failing just because i couldn't visit my husband.

Can you guide me as to whether i should apply for TRV again or TRP? or both at the same time?

You can apply for both at the same time. Usually, what you can do is say "in the event that you deem me inadmissible for a TRV, I respectfully request that you consider issuing a TRP for me on the following grounds:" - then explain why you think you are eligible for a TRP. You should also pay the TRP application fee ($200) which should be refunded if they issue the TRV and will be applied to your TRP application should they refuse your TRV request.

Keep in mind, you need to have a compelling reason to convince them to grant you a TRP.

 

[toronto30]

excellent exlplanation, Competergeek,two thumbps up

 

[hbushra]

@computergeek !
I can't thank you enough for helping.

The compelling reason is that my relation is suffering because of the inability to meet each other and my husband can't travel either due to his current status in Canada. And they won't issue me TRV (rejected twice). The lawyer told him clearly that it would take around 3-4 years or may be longer than that to get his refugee status finalized. And my marriage can't wait for 3-4 years. I am waiting since 2011 already.
I am willing to come back to my country after visiting him as i have a very good job here.

Do you think they will give me visa based on my situation? and what should be the overall tone of the covering letter? Do you think the reason is compelling enough?

On a side note : I have also applied for FSW program 2013 under NOC 2174 but i am afraid i won't fall under the cap of 300. my application reached very late Jun 26th 2013.

 

[scylla]

@ computergeek !
I can't thank you enough for helping.

The compelling reason is that my relation is suffering because of the inability to meet each other and my husband can't travel either due to his current status in Canada. And they won't issue me TRV (rejected twice). The lawyer told him clearly that it would take around 3-4 years or may be longer than that to get his refugee status finalized. And my marriage can't wait for 3-4 years. I am waiting since 2011 already. I am willing to come back to my country after visiting him as i have a very good job here. Do you think they will give me visa based on my situation? and what should be the overall tone of the covering letter? Do you think the reason is compelling enough? On a side note : I have also applied for FSW program 2013 under NOC 2174 but i am afraid i won't fall under the cap of 300. my application reached very late Jun 26th 2013.

If your husband was a Canadian citizen or PR - then I think you would have a chance. Since he's a refugee claimant who is still waiting for his application to be assessed - I think the chances of you being approved for a TRP are zero.

 

[hbushra]

That's the reason !
If he had PR i would have been there by now.

Its very unfortunate that he's in a country which won't allow me to meet with my husband. ridiculous !

 

[Pippin]

I feel for you caught in this situation. Part of the problem is that your husband has applied as a refugee. The VO may wonder why he would be at risk yet you say you want to return home after the visit to a good job. Wouldn't the VO think you might apply as a refugee on arrival? With your FSW application it is apparent to the VO that you have the intention to make Canada your permanent home, so upon successful PR you could sponsor your husband if his refugee claim failed. Truly a difficult situation and I hope for you both, the strength of your life together in the past will get you through.

 

[hbushra]

Than what should i say to them ? i just want to meet my husband and its so damn hard........i can't believe its Canada who supports family reunification.

I don't even care if his refugee claim is denied. atleast we will able to meet and save our marriage.

 

[hbushra]

And the compelling reason to come back is i have a home here and i support my family (although they also have green cards, but still they are here) because i have a Job. I don't wanna be stuck in Canada like my husband. I applied for FSW program so i could freely visit him and because they won't issue me TRV. If they had issued me TRV i wouldn't have fallen for FSW in the first place. can't they understand this ? I am in a helpless situation and I am less interested in Canadian life style at this point of my life where my relation is at stake.


What should i tell them?

 

[scylla]

i can't believe its Canada who supports family reunification.

Canada certainly supports family reunification. However family reunification only applies to Canadians citizens and permanent residents.

Unfortunately I think that any compelling reason you provide to demonstrate that you will leave Canada is overridden by the fact that your husband has applied for refugee status. It's going to be extremely difficult for you to overcome this fact. By all means give the TRP a try - but I think you should be prepared for disappointment.

 

[hbushra]

I will give TRV and TRP both a chance.

For TRV, should i request for multiple entry (which seems more logical) or single entry? any suggestions how to make my TRP covering letter strong enough and compelling?

 

[Pippin]

Single entry is best in this situation.