Temporary resident permits: Final decisions and issuing permits

Once an officer has reviewed the case, written a case summary and included a recommendation for decision, the application should then be referred to the designated decision maker (PDF, 831 KB) (when necessary) for final determination.

In cases of positive decision (that is, issuance of a temporary resident permit [TRP]), the designated decision maker determines the period of validity of the TRP.

The following instructions detail the procedures for designated decision makers.

On this page

• Refusals
• Approvals
• Recording inadmissibility sections
• Types of case codes
• Verification of departure
• Counselling applicants

Refusals

When a request and fees have been submitted, officers are to

• record the refusal decision, with relevant case notes, in the Global Case Management System (GCMS)
• inform the client of a negative decision in writing for inland cases
• follow up on or monitor the application to ensure compliance (for example, confirmation of departure or check-out letter)

Note: Port of entry (POE) instructions are available in manual chapter ENF 4 (PDF, 1.17 MB).

The refusal letter should communicate the following, as applicable:

• duration and limitation of existing valid temporary status
• reasons for the decision
• requirements concerning voluntary departure and confirmation of departure
• notice to appear for inquiry and information about penalties for failure to comply
• mechanisms available to overcome their inadmissibility

Approvals

In-Canada cases

Officers are to prepare a TRP by doing all of the following:

• process the application until finalization in GCMS
• enter all relevant case notes
• ensure appropriate validity dates
• indicate whether or not the person is allowed to re-enter
• prepare a TRP for each accompanying family member requiring a TRP
• maintain a “bring forward” system for follow-up

Overseas cases

Once the designated decision maker authorizes the issuance of a TRP, officers must do the following:

• Generate the TRP in GCMS and issue a letter of introduction, bearing the unique client identifier (UCI) of the applicant, to be presented at the POE where the applicant will enter Canada. The document number generated by GCMS must be printed at the top right-hand corner of the letter. No letter of introduction is required for cases processed according to the Immigration Control manual chapter (IC 2) for national interest.
• Advise the applicant to bring two passport-sized photographs for presentation at the POE.
• Affix the visa counterfoil in the valid passport or travel document for foreign nationals who are subject to the temporary resident visa (TRV) requirement. As visa-exempt applicants are no longer issued a physical, secure facilitation counterfoil (see OB 348) when approved for a TRP, an electronic facilitation counterfoil (eFoil) will be created once the officer generates the TRP in GCMS. This process is not visible to applicants, and the applicants are not required to print anything as a result of receiving an eFoil. This eFoil is issued to these applicants to ensure that they are permitted to embark on their flight, following airline verification of their passport and travel documents via the CBSA’s Interactive Advance Passenger Information system (it should be noted that this system is currently available in air mode only).
• Issue facilitation travel documents for approved applicants for a single entry where no authorization to re-enter Canada is given.
• Issue facilitation travel documents for multiple entries to TRP holders with authorization to re-enter Canada and to persons for whom permits with re-entry privileges to Canada have been approved, unless otherwise stipulated in chapter IC 2. These documents should be valid for the same period of time as the passport or the TRP (if already issued), whichever is shorter.

If it is an urgent protection case, transfer the permanent residence files to the Case Processing Centre in Mississauga (CPC-M) to complete the process and explain to the applicants that IRCC will contact them upon receipt of the file.

Note: For POE cases, see manual chapter ENF 4 (PDF, 1.17 MB).

Recording inadmissibility sections

Record the foreign national’s inadmissibility (sections 34 to 42 of the Immigration and Refugee Protection Act [IRPA]) in GCMS. An inadmissibility under section A41 (non-compliance) must not appear alone on a TRP. The part of the IRPA or Immigration and Refugee Protection Regulations (IRPR) the TRP holder cannot comply with or fulfill must also appear.

Example: Subsection A11(1) requires every foreign national, before entering Canada, to apply to an officer for a visa or other document required by the IRPR. Sometimes these applicants are allowed to enter Canada without fulfilling this requirement. In such cases, the inadmissibility recorded should be the following sequence: section A41 with section A11(1).

Types of case codes

The type of case code should be the same for all members of a family. This is true even for the codes corresponding to inadmissibility on grounds of criminality or health. The type of case code is different from the prohibiting section code. A family member may be coded as an inadmissible family member, but the type of case code must be the same for all members of the family.

Verification of departure

Depending on the prohibiting section or sections and instructions from the designated authority, a verification of departure (PDF, 879 KB) may be required. Officers should use case type 96 when this is required and issue a letter (or explain to the client in person for POE cases) instructing the TRP holder to report to the CBSA when leaving Canada.

When an applicant reports a departure to the CBSA, the officer can record the permit holder’s departure in GCMS.

Counselling applicants

Officers should counsel applicants, in writing or in person, that they

• may apply for work or study permits where eligible if they wish to work or study in Canada
• may apply for private health insurance if not eligible for provincial health insurance
• may submit an application to the Central Processing Centre in Edmonton (CPC-E) for a subsequent TRP
• are always subject to examination upon re-entry to Canada and could be refused entry into Canada by the CBSA, even if the TRP authorizes re-entry

Officers should also counsel applicants, in writing or in person, that they must

• obtain a temporary resident counterfoil from a Canadian visa office abroad to return to Canada if they leave and have authorization to re-enter (only if they are subject to the TRV requirement)
• leave Canada before the TRP expires
• confirm their departure from Canada and return the TRP to the CBSA when instructed to do so

When TRPs are issued to a family with 1 or more inadmissible members, officers must consider the following:

• A separate TRP or counterfoil must be issued to each individual family member.
• The inadmissibility section or sections that are applicable to the individual must be recorded in GCMS.
• A person requiring a TRP only because 1 family member is inadmissible is described under section A42.
• Family members may be inadmissible under different sections; however, the type of case code must be the same for all members of the family (for example, if 1 family member is inadmissible on criminal or health grounds, that type of case code should appear on every member of the family’s permit).
• All family members who have been issued a TRP for the required time period will become eligible to apply for permanent residence in the permit holder class.