1. Home
  2.  » 
  3. Canadian Immigration Law
  4.  » What makes a temporary resident eligible for permanent residence?

What makes a temporary resident eligible for permanent residence?

Citizenship and Immigration Canada issues Temporary Residence Permits, or TRPs, to persons who would typically not be admissible to visit Canada. Still, authorities decide the visit will benefit rather than harm the country. Certain circumstances make TRP holders eligible for permanent residence. 

What makes TRP holders eligible to apply?

Applicants for permanent residence must meet the following requirements: 

  • A current holder of a valid TRP 
  • No other reason than the original grounds of inadmissibility exists 
  • Continued residence in Canada uninterrupted for the three to five years, as originally approved 

What is deemed a break in residence continuity?

Continuous residence for the allowed period of the original TRP is non-negotiable. Breaking continuity can involve:

  • A TRP holder leaving Canada without re-entry authorization. 
  • A TRP holder failing to apply for a new permit before the existing TRP expires. 

Authorities might decide to issue a new, subsequent permit despite the transgression. However, the failure to maintain continuity will be noted on the TRP holder’s electronic record and could adversely affect an application for permanent residence. Importantly, even if re-entry is authorized, authorities might deem prolonged absences from Canada as a break in residence continuity. 

Immigration officers have the right to some level of discretion and flexibility when they interpret continuity breaks. When TRP holders take brief breaks to leave Canada under circumstances they could not control, officers might choose not to record these as continuity breaks. On the other hand, authorities might seek documentation to justify reasons for a TRP holder’s absence from Canada. 

The rules and regulations of Canadian immigration and residence permits are complicated, and TRP holders in British Columbia would be advised to become familiar with the act before unintended transgressions occur. 

 

FindLaw Network