Temporary Resident Permits (TRP) Quiz

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Questions and Answers

Under what circumstances can a Temporary Resident Permit (TRP) be issued to a foreign national?

If a delegated officer believes the foreign national is inadmissible or does not meet IRPA requirements, but warrants entry. (correct)

Only in cases where the foreign national is seeking permanent residency in Canada and requires temporary status.

When a foreign national is deemed admissible under the IRPA, but requires a permit for specific purposes.

Only when the foreign national fully meets all requirements of the Immigration and Refugee Protection Act (IRPA).

Who ultimately holds the authority to issue a Temporary Resident Permit (TRP)?

The Federal Court of Canada, upon application by the foreign national.

A designated representative from the Refugee Protection Division (RPD).

The Minister of Immigration, Refugees and Citizenship Canada.

A delegated authority, such as an immigration officer. (correct)

What is a primary consideration for a delegated authority when deciding whether to issue a Temporary Resident Permit (TRP)?

Whether the foreign national’s reason for entering Canada sufficiently balances humanitarian, social, and economic factors with the health and security of Canadians. (correct)

The foreign national's financial capacity to support themselves while in Canada.

If the foreign national has family members who are already Canadian citizens or permanent residents.

The foreign national's ability to integrate into Canadian society and culture.

According to the guidelines, what factor is weighed against the 'need for the foreign national’s presence in Canada' when assessing a TRP application?

Any potential risk the foreign national may pose to Canadians or Canadian society. Signup and view all the answers

Under what specific circumstance is a person ineligible to request a Temporary Resident Permit (TRP), according to paragraph A24(3.1)?

If they have a pending Pre-Removal Risk Assessment (PRRA) application and their refugee claim was deemed ineligible for referral to the RPD. Signup and view all the answers

Within what timeframe after a rejected refugee claim are failed refugee claimants potentially restricted from requesting a TRP, according to paragraph A24(4)(a)?

Within 12 months of the rejection. Signup and view all the answers

In addition to the timeframe, what conditions must be met for a failed refugee claimant to be ineligible to request a TRP under paragraph A24(4)(a)?

They must not have made an appeal to the Refugee Appeal Division (RAD) or applied for judicial review to the Federal Court. Signup and view all the answers

What is a consistent characteristic of a Temporary Resident Permit (TRP) once it has been issued?

It can be cancelled at any time at the discretion of the delegated authority. Signup and view all the answers

What is a key factor considered when determining the necessity of a foreign national's presence in Canada for a Temporary Resident Permit (TRP)?

The foreign national's family ties within Canada. Signup and view all the answers

In the context of Temporary Resident Permit (TRP) applications, what should officers do regarding identified refugee protection-related risks under section A96 or A97?

Disregard these risks during the TRP assessment. Signup and view all the answers

Under what circumstance is a Temporary Resident Permit (TRP) application fee NOT required?

When a fee exemption is identified under subsection R298(2) or a public policy exemption applies. Signup and view all the answers

What should officers do before issuing a Temporary Resident Permit (TRP) regarding fees?

Determine if a fee exemption applies if the TRP fee was not initially paid. Signup and view all the answers

If a foreign national has already had a final decision on a refugee claim, how should an officer advise them regarding a Temporary Resident Permit (TRP) application and risk assessment?

Their risk has not been assessed in the context of the TRP application as it was already assessed. Signup and view all the answers

For a foreign national who has not made a refugee claim or PRRA application, what should an officer advise them regarding risk assessment in the context of a Temporary Resident Permit (TRP)?

Their risk has not been assessed in the context of the TRP application, but they may be eligible for a refugee claim. Signup and view all the answers

What is the primary condition under which a foreign national issued a Temporary Resident Permit (TRP) may apply for a work or study permit from within Canada?

If they have been issued a TRP for a validity period of at least 180 days. Signup and view all the answers

What is a crucial piece of information officers should communicate to a foreign national when issuing a Temporary Resident Permit (TRP)?

That they are inadmissible to Canada and subsequent TRPs are not guaranteed. Signup and view all the answers

What is the purpose of checking GCMS (Global Case Management System) before issuing a Temporary Resident Permit (TRP)?

To ensure the applicant has not previously been granted a one-time, fee-exempt TRP for 36(2) criminality. Signup and view all the answers

Which of the following is an example of a 'controversy' that might warrant referral or consultation with the Case Management Branch (CMB) regarding a Temporary Resident Permit (TRP) application?

A high-profile case with sensitive elements. Signup and view all the answers

For a failed refugee claimant who has appealed to the RAD, what is the minimum waiting period before they can request a Temporary Resident Permit (TRP)?

12 months from the rejection of the claim by the RPD. Signup and view all the answers

Under what circumstance can an officer consider a TRP for a failed refugee claimant within the standard 12-month waiting period?

If the claimant is a victim of trafficking in persons. Signup and view all the answers

For a designated foreign national, when are they eligible to request a Temporary Resident Permit (TRP)?

Five years after the final determination of their refugee claim if no application for protection was made. Signup and view all the answers

Which of the following is a key factor officers must consider when evaluating the purpose of travel for a Temporary Resident Permit (TRP)?

The intent of the immigration legislation. Signup and view all the answers

Who typically has the delegated authority to issue a Temporary Resident Permit (TRP) to an individual with serious inadmissibility under section A34 of IRPA (security)?

A senior official. Signup and view all the answers

What status is conferred upon a foreign national when a Temporary Resident Permit (TRP) is issued?

Temporary Resident status. Signup and view all the answers

Under what condition is a foreign national with valid temporary resident status in Canada typically eligible for a Temporary Resident Permit (TRP)?

A TRP should generally not be issued to a foreign national who already has valid temporary resident status. Signup and view all the answers

For Temporary Resident Permit (TRP) holders, under which inadmissibility category are they eligible for permanent residence after 3 continuous years in Canada?

Medical inadmissibility [A38(1)]. Signup and view all the answers

For Temporary Resident Permit (TRP) holders, after how many years of continuous residence in Canada are they eligible for permanent residence if their inadmissibility is not related to security, human rights violations, sanctions, serious or organized criminality?

5 years. Signup and view all the answers

What should officers consider before issuing a subsequent Temporary Resident Permit (TRP) to a holder who is approaching eligibility for permanent residence?

Reassess all factors and consider alternatives like rehabilitation or a record suspension. Signup and view all the answers

Where can a foreign national apply for a Temporary Resident Permit (TRP)?

At a port of entry (POE). Signup and view all the answers

Can a Temporary Resident Permit (TRP) holder have their temporary resident status restored under section R182?

No, TRP holders cannot have their temporary resident status restored. Signup and view all the answers

In which scenario should a Temporary Resident Permit (TRP) not be considered, according to the provided text?

For people under a removal order without prior consultations with CMB or CBSA. Signup and view all the answers

What is a key aspect of 'history' that an officer considers when assessing a Temporary Resident Permit (TRP) application?

Pattern of non-compliance with the IRPA or IRPR. Signup and view all the answers

What privilege is afforded to foreign nationals issued a Temporary Resident Permit (TRP) for at least 6 months, that is not typically given to other temporary residents?

The ability to apply for a work permit or study permit from within Canada. Signup and view all the answers

Study Notes

Temporary Resident Permits (TRPs): Eligibility and Assessment

Eligibility: A TRP may be issued to a foreign national deemed inadmissible by an officer, or who doesn't meet IRPA requirements.
Issuance Discretion: TRPs are issued at the discretion of the delegated authority and can be cancelled. The official weighs the applicant's purpose against Canada's social, humanitarian, and economic interests.
Compelling Need: The officer considers if the applicant's need to enter/remain in Canada is compelling and if it outweighs potential risk to Canadians or Canadian society.

Ineligibility for TRPs

Failed Refugee Claimants (A24(4)): If a refugee claim is rejected, withdrawn, abandoned, and there's no appeal or Federal Court application within 12 months, a TRP cannot be requested. Appealing or seeking Federal Court review removes this 12-month bar. Victims of trafficking/family violence are exempt.
Pre-Removal Risk Assessment (PRRA) (A24(3.1)): If ineligible for refugee protection, and a pending PRRA application, TRP cannot be requested.
Designated Foreign Nationals (A24(5)): A TRP cannot be requested until 5 years after certain events, such as a final refugee claim determination, or becoming a designated foreign national.

Assessing TRP Applications

Purpose of Travel: The officer considers the applicant's reasons for being in Canada, and legislative intent (public health, etc).
General Assessment: Factors include compliance history, credibility (interviews may be required), previous removal proceedings, case sensitivity, potential social assistance need, and family circumstances.
Refugee Protection Risks (A96/A97): Risks identified in those sections aren't assessed for TRP applications; the officer must note this explicitly.

Additional Considerations

TRP Status: A TRP confers temporary resident status. If an applicant already has valid status, the officer should deny a TRP. TRPs often allow for work/study permits in Canada, and health/social services in limited cases.
Permanent Residence Alternatives: The officer should consider rehabilitation or other alternatives to a TRP, especially before an applicant is eligible for permanent residence under the permit holder class. Long-term continuous status is not the intended function of a TRP.
Specific Inadmissibility: Different types of inadmissibility (serious criminality, security concerns, etc) require different levels of official review.
TRP Holder Privileges: A TRP holder has privileges over other temporary residents.
Medical/Family-Related Inadmissibility (R65(b)(i)): Persons inadmissible due to medical issues or family members' inadmissibility may qualify for permanent residence after 3 years of continuous stay in Canada.
Other Inadmissibility (R65(b)(ii)): Other inadmissibility grounds beyond security, human rights violations, sanctions, serious criminality, or organized criminality that result in a 5-year continuous stay requirement.
Subsequent TRPs: For subsequent TRP requests or applications, officers must reassess all factors (including rehabilitation or record suspension). If the client's situation or eligibility changed, officers should determine the best course of action.
Unacceptable Circumstances: A TRP should not be issued to individuals with removal orders (without branch consultation), or if the applicant's presence contradicts IRPA objectives, particularly those relating to Canadian health and security. If an applicant is a valid temporary resident who received an inadmissibility report, but the Immigration Division decided not to pursue an admissibility hearing or removal order, a TRP isn't needed
Fee Exemptions: Fee exemptions exist under specific conditions; details should be recorded in GCMS. Officers are responsible for confirming fee exemptions and informing the applicant of inadmissibility, inability to renew/extend a TRP, the option to apply for a subsequent TRP, and any applicable work/study permit opportunities.

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Description

Test your knowledge on Temporary Resident Permits (TRPs) in Canada, including eligibility, assessment criteria, and ineligibility factors. This quiz covers the key regulations surrounding TRPs as outlined by Canadian immigration law.