TRP Application within Canada Exclusion Order

[Hmaugust]

I have received approval for a work permit.

As an American I can obtain at port of entry however CBSA has my passport and will enforce an Exclusion Order on July 31 which will remain in effect for 1 year.

I have recently applied for a TRP and my question is what happens to my application once I leave Canada.

Do I have to reapply in New york or wherever applications are processed outside of Canada?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this information.

We apologize, we are unable to provide any definitive instructions regarding how to proceed. Unfortunately, we can only provide general information related to your situation.

You can find some helpful information regarding this application process on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Guide 5554 - Applying to remain in Canada as a temporary resident permit holder section.

Here is an excerpt,

Leaving Canada before your request for another TRP has been finalized


Nothing prevents you from leaving Canada at any time. However, if you leave before you receive another temporary resident permit, We expect your inadmissibility to be resolved before your return. Your application for another TRP submitted in Canada, will be refused. Foreign nationals must establish that they meet all of the requirements of The Immigration and Refugee Protection Act and Regulations before being authorized to enter or re-enter Canada. The final decision is always made by the officer at the port of entry.

and

Leaving and re-entering Canada


If you are a permit holder and you are leaving Canada, you should not apply for another TRP from outside Canada. You should instead resolve the situation that rendered you inadmissible, before you seek to return to Canada.

In order to return to Canada, you must be in possession of:

-A valid passport or travel document;
-A document that authorizes your re-entry, such as a valid study or work permit, if you are returning to study or work in Canada;
-A valid temporary resident visa, if you are a citizen of a country that requires an entry visa, unless you are returning to Canada following a visit only to the United States or St-Pierre and Miquelon.

Possession of these documents does not guarantee re-entry. All persons must establish that they meet all of the requirements of The Immigration and Refugee Protection Act and Regulations before being authorized to enter or re-enter Canada.

Note: Citizens of the U.S. do not require passports or travel documents to enter or return to Canada. Permanent residents of the U.S. do not require passports or travel documents if they are entering or returning to Canada from the U.S. or St. Pierre and Miquelon. However, both must provide documentary proof of citizenship or permanent residence such as a national identity card or an alien registration card and both may be refused entry if they continue to be inadmissible.

Regarding Exclusion Orders, the Immigration, Refugees and Citizenship Canada (IRCC) website states,

2. Exclusion Order (form number IMM 1214B)

a. 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 (Authorization to return to Canada). You may return to Canada subject to normal examination at the port of entry.

b. If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

It additionally states,

When to apply for another TRP


If your TRP is still valid you can apply for another TRP. You should apply before the “Expiry date” or the “Permit in force until date” on your current TRP. We cannot guarantee that your application for another TRP will be processed before your current TRP expires. See the section Processing Times for Your Application at the beginning of this guide. Your temporary status continues if you have applied and we have received your application before your current TRP expires.

If you do not apply for a new TRP, it is your responsibility to leave Canada before the “Expiry date” or “Permit in force until date” of the permit.

If your TRP is expired


You cannot restore your temporary resident status as a TRP holder. If your TRP has expired or if you did not respect one of the conditions of your TRP or you have worked or studied without authorization, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to your removal from Canada.

Detailed instructions on how to apply for a TRP, Rehabilitation, and an ARC can be found under the heading “For applicants in the United States” in the application package.

You can find some detailed instructions and information regarding where to submit applications on the Immigration, Refugees and Citizenship Canada (IRCC) website.

If you have not already, we suggest that it is best that you contact a Lawyer who is familiar with Canadian immigration issues for information and advice specific to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org