Temporary resident permit [R298 and A24(1)]

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Processing and collection of fee: $200 per individual

Before collecting the fee, officers should ensure that inadmissibility issues have been established.

The fee to cover the cost of issuing a temporary resident permit (TRP) does not have to be collected before the officer considers issuing a permit. The officer may wait until the decision is made to recommend a permit before collecting the fee.

The fee is non-refundable. If the officer issues more than one permit in a case, a separate fee for each permit must be collected.

The officer must also collect a fee when issuing a permit at the request of the Minister.

Fee exemptions
For foreign nationals who are inadmissible on criminality grounds.

A fee should be collected each time a request for the processing of a TRP is received, unless an exemption has been identified. The officer should issue a receipt and note in the appropriate box of the TRP [IMM 1263B] that the fee has been paid and indicate the receipt number, or note that an exemption has been allowed.

Note: Under the IRPA, there is no provision for the “extension” of temporary resident permits. As the expiry date for a permit approaches, the client is expected to apply for a new permit to maintain their status and pay the associated fee if they wish to extend their stay in Canada. The terminology of “extension” has been changed to “subsequent” to avoid confusion.

Visa offices abroad

When an applicant for any type of visa also has to overcome an inadmissibility, the cost-recovery clerk will collect the necessary fee and refer the application to the officer for processing. If a file already exists, the receipt will be attached to the paper file and the fee details will be recorded in Computer-Assisted Immigration Processing System (CAIPS). If the applicant has no existing file at the visa office, a new file will be created and forwarded to the officer.

In Canada

Applications for a TRP in Canada result from an individual being the subject of an A44(1) report because of a reported violation of the Immigration and Refugee Protection Act (IRPA). General counselling is required to explain to the applicant the ramifications of the inadmissibility and the options available to them. It will be necessary to review each case on its own merit. Upon determination that the client would meet the criteria for a successful TRP application, the officer will collect the fee.

Canadian port of entry (POE)

When an individual seeking entry into Canada has been identified as inadmissible, the officer prepares an A44(1) report. This report is reviewed by an immigration examining officer (IEO). The client must be given ample counselling respecting the inadmissibility and the options available to them. Upon determination by the IEO that the client meets the criteria for issuance of a TRP, the IEO directs the client to pay the applicable fee.

TRP cases with work permit

A person in violation of the IRPA will be referred to an officer for interview before being charged a processing fee. The officer will recommend to the manager (or National Headquarters, depending on the type of violation) whether a TRP should be authorized in addition to the work permit.

As per paragraph R298(2)(a), if the decision of the manager (or National Headquarters) is positive, the processing fee for the TRP does not apply. Only the work permit fees will be collected. The receipt is given to the client prior to the issuance of the TRP and work permit. The IMM 1263B application form will be coded to indicate the fee exemption.

TRP cases with study permit

Persons in violation of the IRPA will be referred to an officer for interview before being charged a processing fee. The officer will recommend to the manager (or National Headquarters, depending on the type of violation) whether a TRP should be authorized in addition to the study permit.

As per paragraph R298(2)(a), if the decision of the manager (or National Headquarters) is positive, the fee for processing the TRP does not apply. Only the study permit fee will be collected. A receipt is given to the client prior to issuance. The IMM 1263B application form will be coded to indicate a fee exemption.

Temporary inability or refusal to pay

If an applicant advises that they are unable or unwilling to pay the fee immediately, they should be advised to withdraw their request for consideration of a TRP and return when they have the ability and willingness to pay the fee. There is no authority to accept a request for consideration of a TRP unless the fee has been paid. In Canada, the client will be advised that enforcement action shall be continued if they are unable or unwilling to pay the processing fee. At the port of entry, the client will be advised to withdraw their request and return when they are able to pay the required fee.

Fee exemptions

At the time of the implementation of the 2005 TRP issuance process overseas, and the introduction of the TRP counterfoil, three situations were identified that have cost recovery implications. The situations are as follows:

  1. Where a visa-exempt person or a person holding a valid passport or travel document with a visa counterfoil coded PA-1 applies for entry into Canada and produces a letter of introduction at the immigration secondary examination, a TRP is issued following a favorable examination. The fee requirement is waived as it has already been paid abroad.
  2. Upon application for a travel document to permit return to Canada from abroad, the officer shall, after verification of the permit holder’s identity, issue without charge a travel document coded PC-1 (cost-recovery code FPN) to the TRP holder who has authorization to leave and re-enter Canada but does not have a Canadian facilitation travel document to allow return to Canada.
  3. In the case of a TRP holder overseas with a lost or stolen permit, no fee is to be taken for the issuance of a TRP counterfoil overseas. The TRP counterfoil is coded PA-1 (cost recovery code FPN) whether the permit was initially issued abroad, in Canada or at the port of entry. Replacement of the temporary resident document at the port of entry or Immigration, Refugees and Citizenship Canada (IRCC) office will incur the usual document replacement fee according to R311(2).

Fee exemptions for foreign nationals who are inadmissible on criminality grounds

A public policy was recently approved with respect to the entry of foreign nationals who are inadmissible on subsection A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a TRP for certain offences.

Background

Where an officer is of the opinion that it would be justified in the circumstances for an inadmissible foreign national to become a temporary resident, a TRP may be issued to enable the foreign national to enter and/or remain in Canada under subsection A24(1). Section A25.2 authorizes the Minister or delegated officers to grant an exemption from the payment of applicable fees where the Minister is of the opinion that public policy considerations warrant it.

On January 13, 2012, the Minister of Citizenship, Immigration and Multiculturalism issued the public policy considerations that in his opinion justify the granting of a one-time exemption from the TRP processing fee that is required under section 298 of the Immigration and Refugee Protection Regulations (IRPR) for foreign nationals who meet the conditions of this public policy.

These instructions are to be considered an interim measure to facilitate the entry of these foreign nationals until a more permanent measure is established. Additional instructions will be offered once a permanent measure comes into force or this public policy is revoked by the Minister.

Instructions

As of March 1, 2012, the public policy exemption would apply to an foreign national to whom a TRP is being issued at a port of entry (POE) or a visa office abroad, who is inadmissible solely on the grounds of “criminality” under subsection A36(2), and who

  1. was convicted of an offence and received no term of imprisonment as part of the sentence imposed; and
  2. has had no other convictions or committed any other acts that would render them inadmissible.

To facilitate these circumstances and overcome the inadmissibility, a delegated authority should consider issuing a TRP. If choosing to issue a TRP, the delegated authority can now exempt the fees associated with the issuance of this document. The delegated authority should counsel the foreign national that the next time they seek to enter Canada, the fee exemption will not apply and that they should look into potential mechanisms to overcome their inadmissibility.

This public policy fee exemption does not apply to persons convicted of a child pornography offence or a sexual offence. This authority has been delegated to IRCC’s immigration authorities at visa offices abroad and to Canada Border Services Agency (CBSA)’s border services officers, inland enforcement officers and regional program officers in their immigration functions for POE examinations only.

When issuing a TRP in these circumstances, the cost recovery code M31 on the TRP screen in the Field Operations Support System (FOSS) is to be used. This code will automatically generate the following information on the TRP: ONE-TIME FEE EXEMPTION/CIC.GC.CA.

This public policy does not apply to foreign nationals who are already in Canada.

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