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 exemption.

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 occurrence;
  • 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; and
  • 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 day.

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 Canada.

Conclusion

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.