Temporary resident permits (TRPs): Eligibility and assessment

Who is eligible for a temporary resident permit (TRP)

A temporary resident permit (TRP) may be issued to a foreign national who, in the opinion of an officer, is inadmissible, or who does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) [A24(1)].

The TRP is always issued at the discretion of the delegated authority and may be cancelled at any time. The delegated authority determines if the individual’s purpose for entering Canada balances Canada’s social, humanitarian and economic commitments to the health and security of Canadians, per the objectives of the IRPA.

In addition, an officer may consider the following:

• whether the need for the foreign national to enter or remain in Canada is compelling
• whether the need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society

Who is not eligible for a TRP

Per paragraph A24(3.1), a person whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division (RPD) may not request a TRP if they have a pre-removal risk assessment (PRRA) application that is pending.

Per paragraph A24(4)(a), a failed refugee claimant may not request a TRP if all of the following conditions are met:

• Less than 12 months has passed since the day their claim for refugee protection with the Refugee Protection Division (RPD) was
  • rejected
  • determined to be withdrawn
  • abandoned
• No appeal has been made to the Refugee Appeal Division (RAD).
• No application for leave (and judicial review of that application) has been made to the Federal Court.

Per paragraph A24(4)(b), where a failed refugee claimant has appealed to the RAD or made an application for leave and judicial review of the decision to the Federal Court, the refugee claimant may not request a TRP unless at least 12 months has passed since the last

• rejection of the claim by the RPD
• rejection of the claim by the RAD
• decision on the application for leave and judicial review from the Federal Court

Per paragraph A24(5), a designated foreign national may not request a TRP until five years after the day of any of the following:

• the final determination of their claim for refugee protection, with no application for protection
• the final determination on their application for protection
• the foreign national becomes a designated foreign national

Assessing an application or request for a TRP

• Evaluating purpose of travel
• General factors to consider
• Examples of cases where a TRP should not be considered
• Assessment factors
• Identified refugee protection-related risks (section A96 or section A97)
• Fee exemptions for certain TRPs

Evaluating purpose of travel

Officers must consider the factors regarding the individual’s purpose in Canada and the

• intent of the legislation
• maintenance of program integrity
• protection of public health and safety

General factors to consider

• The issuance of a TRP document confers temporary resident status on the holder [section A24].
• A TRP should not be issued to a foreign national who has valid status in Canada.
• Officers should carefully consider all assessment factors before granting an initial TRP or issuing a subsequent TRP.
• A TRP carries privileges greater than those accorded to other foreign nationals with temporary resident status (such as, visitors, students, workers). Foreign nationals who have been issued a TRP for a validity period of at least 6 months can apply in Canada for a work permit or study permit and may, in limited circumstances, be given access to health or other social services (determined by the relevant province or territory).
• As there is no discretion involved in granting permanent residence to people who meet the requirements of the permit holder class, officers should consider available alternatives, such as rehabilitation, before issuing a TRP.
• Under paragraph 65(b)(i) of the Immigration and Refugee Protection Regulations (IRPR), TRP holders with medical inadmissibility [subsection A38(1)] are eligible for permanent residence after 3 continuous years in Canada.
• Under paragraph R65(b)(i), TRP holders inadmissible under paragraph A42(1)(a) on grounds of an accompanying family member who is inadmissible under subsection A38(1) or paragraph A42(1)(a) are eligible for permanent residence after 3 continuous years in Canada.
• Under paragraph R65(b)(ii), TRP holders with inadmissibilities other than security [section A34], violation of human or international rights [section A35], sanctions [section A35.1], serious criminality [section A36(1)] and organized criminality [section A37] are eligible for permanent residence after 5 years of continuous residence in Canada.
• For subsequent TRPs, if the client’s situation or admissibility has changed, officers should reassess all the factors and determine the best course of action, including an assessment for rehabilitation or a record suspension, especially before the TRP holder is eligible for permanent residence under the permit holder class.
• A TRP is not intended to provide continuous status for long periods of time especially if the inadmissibility or non-compliance can be resolved and regular temporary resident status achieved.

Foreign nationals may apply for a TRP at a port of entry (POE). In these scenarios, a border services officer must assess the application with the above-mentioned considerations in mind.

Examples of cases where a TRP should not be considered

• people under a removal order without prior consultations with the Case Management Branch (CMB) or the Canada Border Services Agency (CBSA)
• a foreign national’s presence in Canada would contravene the objectives of the IRPA particularly those intended to protect the health and security of Canadians and to promote international justice and security

Assessment factors

When an officer is considering a TRP, the following is a non-exhaustive list of factors the officer may consider:

• History – Is there a pattern of non-compliance [section A41] with the IRPA or IRPR? Is the violation inadvertent and accidental or the result of careless or flagrant disregard for the law?
• Credibility – Credibility may be assessed during an interview. See Temporary resident permits (TRPs): Information gathering (including interviews) for additional information on when an interview is required.
• Previous removal – Have the original grounds for removal been overcome or diminished? Are there any statutory bars, other than the removal order, remaining against the person?
• Controversy – Are there high-profile, complex or sensitive elements of the case that warrant referral or consultation with the CMB?
• Social assistance – If there is a possibility that the foreign national intends to become a permanent resident, is there any risk that the person would require social assistance?
• Family related circumstances – Are there any compelling family matters related to the issuance of the TRP, such as children in Canada or elderly relatives?

The following considerations and examples are not exhaustive but illustrate the scope and spirit in which the discretion to issue a TRP should be applied:

• the reason for the person’s presence in Canada and the factors that make their presence in Canada necessary (for example, family ties, job qualifications, economic contribution, attendance at an event)
• the intention of the legislation (for example, protecting public health or the health care system)
• the type or class of application and family composition, both in the home country and in Canada
• the benefits to the person concerned and to others

Identified refugee protection-related risks (section A96 or section A97)

Officers should assess requests for a TRP without consideration of any section A96 or section A97 risks identified by the foreign national. Officers should note in their decision notes in GCMS that protection-related risks were not assessed.

When the foreign national has already had a final determination on a refugee claim or a pre-removal risk assessment (PRRA), the officer should advise the client that their risk has not been assessed in the context of the TRP application as it was already assessed through their refugee claim and/or PRRA application.

When the foreign national has not made a refugee claim or submitted a PRRA application, the officer should advise the client that their risk has not been assessed in the context of the TRP application and that they may be able to have this risk assessed through the refugee claim process, if they are eligible.

For further information on TRP issuance for clients accepted under the Urgent Protection Program, please visit Urgent Protection Program (UPP).

Fee exemptions for certain TRPs

Some TRPs are fee-exempt in specific circumstances.

A fee must be collected each time an application or a request for a TRP is received, unless an exemption has been identified pursuant to subsection R298(2) or a public policy fee exemption applies. When a fee exemption applies, the appropriate fee exemption code and details referencing subsection R298(2) or the applicable public policy should be entered into GCMS.

Before issuing the TRP, officers should

• determine if a fee exemption applies if the TRP fee was not paid
• check GCMS to ensure the one-time, fee-exempt TRP for foreign nationals with 36(2) criminality has not already been granted
• when possible, inform the foreign national that they
  • are inadmissible to Canada

  • can’t renew or extend a TRP, but can apply for a subsequent TRP before their current TRP expires, and that subsequent TRPs are not guaranteed

    and, if applicable

    • that they are being facilitated with a one-time, fee-exempt TRP, and the reason for the fee-exemption
    • that they may apply in Canada for a work or study permit if they have been issued a TRP for a validity period of at least 180 days

For further information on subsequent TRPs, please visit Temporary resident permits (TRPs): Subsequent permits.