Temporary Resident Permit Inadmissibility PR Application Time

[Sukhbir Singh]

I came to Canada 3 years ago under the spousal sponsorship category. I am currently a permanent resident of Canada. Last year, I was convicted of an offence and later found inadmissible to Canada for reasons of criminality. I am now thinking of applying for a temporary resident permit (TRP) to try to remain in Canada. How long after I have been issued a TRP that I can apply for permanent residency?

[Rajpal (Admin)]

Pursuant to the IRCC Operational Bulletin Manuals, to be eligible to apply for permanent residency after having been issued a TRP, you must have been issued a TRP between 3-5 years, depending on the nature of the original inadmissibility.

You must have held a TRP for 3 years in order be eligible for permanent residency if the following apply to your scenario:

– are inadmissible on health grounds under section IRPA section 38(1); or

– are inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds; or

– are inadmissible on grounds of having come to Canada as an accompanying family member of a person described above.

You must have held a TRP for 5 years in order be eligible for permanent residency if the following apply to your scenario:

– are inadmissible on any grounds not mentioned in the first column of this table with the exception of any of the following:

• security (IRPA s.34)
• violation of human or international rights (IRPA s.35)
• serious criminality (IRPA s.36(1))
• organized crime (IRPA s.37)