Temporary resident permits (TRPs): When to consider issuing a TRP

Officers may issue a temporary resident permit (TRP) when both of the following apply:

• The purpose of the individual to enter or remain in Canada is balanced when the objectives of the Immigration and Refugee Protection Act (IRPA) are considered.
• The issuance outweighs any risks that might exist and is compelling and sufficient to overcome any risks that the individual might pose.

A TRP may be issued to any individual who is

• seeking to come into Canada, provided an officer is of the opinion that the individual’s purpose to enter Canada is consistent with the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:
  • inadmissible under the IRPA
  • subject to a report under subsection A44(1)
  • reportable for a violation of the IRPA
• already present in Canada, provided an officer is of the opinion that the individual’s purpose for remaining in Canada meets the objectives of the IRPA, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:
  • inadmissible under the IRPA
  • subject to a report under subsection A44(1)
  • reportable for a violation of the IRPA
  • not eligible for restoration of status

Officers may recommend or issue permits only in accordance with the IRPA and IRPR.

An officer who is recommending the issuance of a TRP must enter detailed notes into GCMS that clearly describe the

• inadmissibility
• circumstances of entry
• rationale for their recommendation

These notes must clearly support the officer’s decision.

Accountability is especially important when recommending or issuing a TRP. Clear records of the decision-making process provide information for the preparation of the annual report to Parliament.

When a TRP application is made by the client

When an officer becomes aware of an inadmissibility, and the client wishes to be considered for a TRP, the officer should

• assess if the client meets the eligibility criteria for a TRP
• consider if the individual is under a removal order or warrant (see manual chapter ENF 10 (PDF, 978 KB))
• assess the appropriate risk factors
• consult with a designated decision maker, where required (see manual chapter IL 3 (PDF, 831 KB))