Background: One time fee exemption to be provided for Temporary
Resident Permit (TRP) applications
Certain foreign nationals with previous convictions, or whom
have committed a criminal act, can be deemed inadmissible to
Canada. There are certain options available to such individuals,
including obtaining a TRP. A TRP is a discretionary document issued
by the Immigration, Refugees and Citizenship Canada's (IRCC)
immigration officers at visa offices abroad or by the Canada Border
Services Agency (CBSA). The TRP allows a foreign national to enter
Canada, despite being considered inadmissible. Such a document
carried a CAD$200 government filing fee, which was collected at
time of application.
Clarifications provided on April 6, 2016
On April 6, IRCC released a program delivery update (PDU)
informing that a public policy measure was recently approved by the
government whereby the TRP filing fee may be waived. Specifically
it sought out to clarify that applicants whom are inadmissible due
to criminality grounds pursuant to section A36(2) of the
Immigration and Refugee Protection Act (the
"IRPA"), can benefit from this one time fee
It is important to note that only those convictions falling
under the auspices of section A36(2) of the IRPA which
will benefit from this one time fee exemption. Specifically, the
grounds for inadmissibility under this section include:
having been convicted in Canada of an offence under an Act of
Parliament punishable by way of indictment, or of two offences
under any Act of Parliament not arising out of a single
having been convicted outside Canada of an offence that, if
committed in Canada, would constitute an indictable offence under
an Act of Parliament, or of two offences not arising out of a
single occurrence that, if committed in Canada, would constitute
offences under an Act of Parliament;
committing an act outside Canada that is an offence in the
place where it was committed and that, if committed in Canada,
would constitute an indictable offence under an Act of Parliament;
committing, on entering Canada, an offence under an Act of
Parliament prescribed by regulations.
While the subsections are not very descriptive, it will be most
useful for American citizens wishing to enter Canada, despite a
driving while impaired (DWI) or driving under the influence
conviction (DUI). Citizens of the United States of America are
exempt from the requirement to obtain an electronic Travel
Authorization (eTA) and are also visa-exempt from travelling to
Canada. Thus, they can make their applications for a TRP directly
at the port of entry (POE). Citizens of other countries would
normally have to make applications at the TRP with the responsible
consulate. Such applications are normally considered lowest
priority, and thus processing can take between 12-18 months. By
contrast, TRPs made at the border are normally adjudicated same
It is not only DWI or DUI charges that can make a foreign
national inadmissible. Other types of convictions such as theft
(either under or over $5,000), fraud, use or possession of stolen
credit cards, or assault would also make a foreign national
inadmissible. These examples are not exhaustive, however they are
presented in order to illustrate that there is a wide array of
convictions which could prevent a person from travelling to
The April 6, 2016 states that certain TRP applications to
overcome an inadmissibility pursuant to section 36(2) of the
IRPA, including driving while impaired charges, can
benefit from a one-time fee exemption of the government processing
fee. This instruction seems to have formalized the formed
Operational Bulletin 389 which was released on February 27, 2012 as
a 1-year pilot. Considering the waiving of the fee, TRPs become a
more attractive options to those foreign nationals with a prior
conviction or criminal record which seek to enter Canada.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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