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Whether you’re considering temporary or permanent residency, this comprehensive guide will demystify the process and empower you with the knowledge needed to make informed decisions.

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Travel Document

Canada issues two different types of travel documents to non-Canadians:

  • Refugee travel document: these are issued to protected persons in Canada, including convention refugees or persons in need of protection; and
  • Certificate of identity: these are issued to permanent residents of Canada who are not protected persons and are stateless and cannot obtain a national passport or travel document from any other source.

Once IRCC has received the application, they will be able to determine whether to issue a:          

  • Refugee Travel Document; or
  • Certificate of Identity

 

Temporary Resident Permit

Individuals who are inadmissible to Canada on medical or criminal grounds or do not otherwise meet the criteria of the Immigration Act or Regulations in Canada, but are required to enter Canada, may be eligible for a Temporary Resident Permit (TRP).

A TRP allows the individual who is inadmissible to overcome their inadmissibility for a specified reason and for a specific period of time. The individual is required to demonstrate that there is a significant reason as to why they must enter Canada. A TRP will only allow the individual to gain temporary entrance into Canada.

To be eligible, the individuals need to enter and stay in Canada will need to outweigh the health and safety risk to Canadian Society.  A TRP is usually issued for the length of your visit to Canada, however, there are some instances in which the TRP is issued for a longer period of time (i.e. a few weeks up to 2-3 years).

 

Super Visa

Super Visa is a visa that is issued to parents and grandparents which allows them to visit their children or grandchildren for up to 2 years at a time (upon their initial entry into Canada). This visa is for parents and grandparents of Canadian Citizens or Permanent Residents.  

The application process is very similar to a regular temporary resident visa with minor differences. There are certain requirements in which applicants will require:

  1. A letter of invitation from the child or grandchild residing in Canada
  2. Documents that prove the child or grandchild meets the Low-Income Cut-Off (LICO) minimum
  3. Proof of parental relationship with the child or grandchild
  4. Proof of medical insurance coverage for at least 1 year with a Canadian insurance company

The complete application will be assessed with regard to a number of factors. The purpose of the visit to Canada will be examined, as well as whether parents or grandparents will maintain sufficient ties to their home country.

 

Permanent Resident Travel Document

Permanent Residents wishing to enter back into Canada must have their Permanent Resident Card on them to gain entry back into Canada. However, Permanent Residents that do not have a valid PR Card and they require to enter Canada again may be eligible to apply for a Permanent Resident Travel Document. Permanent Resident Travel Document is the only official document that allows permanent residents of Canada to use to travel back to Canada.

These documents are generally valid for a single entry into Canada, which allows the permanent resident to enter Canada before obtaining a new PR Card. Individuals who meet the following criteria are eligible to apply for a Permanent Resident Travel Document:

  • They are a permanent resident of Canada
  • They do not have a valid PR card
  • They are outside of Canada
  • They will return to Canada by airplane, boat, train or bus

It is important to note that Permanent Residents should maintain to meet their residency obligations. If the applicant has failed to meet their residency obligations, then the application for a Permanent Resident Travel Document may be refused by the Visa Officer.

 

Criminal Rehabilitation

Individuals who were convicted of or if they have committed a criminal offence outside of Canada, may be inadmissible to Canada.

It is possible to overcome this criminal inadmissibility and be allowed entrance to Canada:

  • By applying for rehabilitation, or
  • They may be deemed to have been rehabilitated if at least ten years have passed since they have completed the sentence imposed upon them or since they committed the offence, if the offense is one that would be an indictable offence in Canada punishable by a maximum term of imprisonment of ten years; or
  • If the offence is one that would, in Canada, be prosecuted summarily, and if they were convicted for two or more summary offenses, the period for rehabilitation is at least five years after the completion of the sentence.

In certain situations, individuals are automatically deemed to be rehabilitated. In other situations, individuals may apply for Criminal Rehabilitation in order to overcome their inadmissibility to Canada and enter the country without a Temporary Resident Permit (TRP). TRP’s are a temporary solution to individuals who wish to enter Canada, whereas Criminal Rehabilitation applications are a permanent solution.

 

Authorization to Return to Canada (ARC)

Individuals who have been removed from Canada will probably need an Authorization to Return to Canada (ARC) if they wish to return.

There are three types of removal order:

  1. Departure Order (form IMM 5238)
    • If you received a Departure Order and left Canada within the 30 days and you verified your departure with Canadian immigration officer at the port of exit you do not need an ARC.
    • If you left the country without verify your departure or more than 30 days after the Departure Order was issued, you will need to apply for an ARC.
  1. Exclusion Order (IMM 1214B)
    • If you were issued an Exclusion Order and 12 months have passed since you left Canada, and you have a Certificate of Departure (IMM 0056B) showing the date you left Canada you do not need an ARC.
    • If you wish to return to Canada less than 12 months after the Exclusion Order was issued or you do not have Certificate of Departure you need to apply for an ARC.
  1. Deportation Order (IMM 5238B)
    • If you were issued a Deportation Order, then you will need to apply for an ARC.

 

Access to Information and Privacy

The Access to Information Act and the Privacy Act provides Canadian citizens, permanent residents or any person present in Canada the legal right to obtain information that is under the control of a government institution.

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