Criminal or Medical Inadmissibility and Temporary Resident Permits (TRP’s)

If an applicant is inadmissible to Canada most likely due to criminality or for medical reasons, he or she will need a Temporary Resident Permit (TRP, formerly known as “Minister’s Permit”) to overcome said inadmissibility and enter Canada.

TRP’s, just like Humanitarian applications, are highly discretionary and it is crucial that an application is prepared with care and creativity, containing as much supporting documentation as possible. If an applicant is criminally inadmissible, all documentation pertaining to the criminal charges and convictions will be required; as will documentation clearly demonstrating a compelling need to enter the country along with proof of “rehabilitation” and remorse for past behaviour.

It is noteworthy that under the Canadian immigration legislation and Canadian Criminal Code, a number of seemingly “less serious” offences, such as Driving Under the Influence (DUI), can nevertheless result in a finding of criminal inadmissibility.

If an applicant has not yet been rendered medically inadmissible but is informed by immigration officials that such a finding may be made based on the results of medical examinations – if at all possible – it is important to counter this finding with recent and compelling medical reports from reputable medical professionals explaining why said medical condition would not cause an “excessive demand” on Canadian social and health care services.

If a decision had already been made rendering an applicant medically inadmissible, it will be necessary to carefully explain how and who will cover the cost associated with an applicant’s treatment (a so-called care plan along with a Statement of Ability and Intent), and/or outline why a “Humanitarian waiver” should be granted in a given case to facilitate an applicant’s entry to Canada, despite his/her medical inadmissibility.
There’s no “firm list” of conditions that automatically result in a finding of inadmissibility on health grounds/excessive demand. It is a case-by-case evaluation based on medical results conducted by the DMP.

Due to the complexities and possibly serious implications of any type of inadmissibility, lawyer’s assistance in such cases is strongly recommended.