Temporary resident permits: applying for permanent residence
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.
Temporary resident permit (TRP) holders may be eligible to apply for permanent residence as members of the permit holder class if all of the following apply:
- they have not become inadmissible on any grounds other than those for which the original TRP was issued
- they currently hold a valid TRP
- they have resided continuously in Canada as a permit holder for three to five years, depending on the nature of their original inadmissibility.
Applicants in the permit holder class must also meet the other requirements as outlined in the Act and Regulations.
There is no discretion involved in granting permanent resident status to a member of the permit holder class who meets the applicable requirements.
Break in continuity
TRP holders are not eligible for permanent residence in the permit holder class if they do not meet the requirement of continuous residence and holding of a TRP (i.e. there has been a break in continuity) (R65 (b)).
A break in continuity occurs when TRP holders, without authorization for re-entry, leave Canada, or when they do not apply for a subsequent permit before the expiration of their existing permit. In both situations, a new TRP could still be issued but the permit holder’s electronic file would be marked with a break in continuity, affecting eligibility for permanent resident status.
Even with authorization to re-enter, prolonged periods of absence from Canada may lead to a finding that there has been a break in continuity of residence in Canada.
In these cases, officers may use a limited degree of flexibility and discretion in interpreting what constitutes a break in continuity; a short break that is outside the client’s control may not necessarily be treated as a break in continuity.
If necessary, officers may request documentation to demonstrate the reason for absences from Canada.
Individuals who become inadmissible on any other ground since TRP issuance are not eligible for permanent residence. In situations where individuals become subject to a new inadmissibility, officers must reassess the case, including the new inadmissibility and, if warranted, issue a new permit.
Security, human or international rights violations, serious criminality or organized crime
Persons who are inadmissible for reasons involving security A34, human or international rights violations A35, serious criminality A36 or organized crime A37 are not entitled to apply for permanent residence in the permit holder class.
Periods of residence required
To be eligible for permit holder class, the person must meet requirements noted above, including having continuously resided in Canada as a valid TRP holder for a period of:
|At least three years, and||At least five years, and|
|are inadmissible on health grounds under section A38(1); or||are inadmissible on any grounds not mentioned in the first column of this table with the exception of any of the following:|
|are inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds; or|
|are inadmissible on grounds of having come to Canada as an accompanying family member of a person described above.|
In order to be accepted in the permit holder class, individuals must make an application and pay the appropriate processing fee.
A TRP holder who has received a permit for protection reasons could, after assessment of their application for permanent residence under the protected permit holder class, be found ineligible. In this circumstance, if the individual resides continuously in Canada on a TRP for the required period, they may qualify as a member of the permit holder class and gain permanent residence.
Protected temporary residents class
For information about applications for permanent residence from protected temporary residents, see the program delivery instructions on protected person applications for permanent residence.
When requirements are met
Prepare a case summary for the delegated decision maker. Indicate that the applicant has met the requirements of the permit holder class and include the following information:
- reasons for issuance of the original TRP
- reasons for any subsequent permits, if any
- any other information or documents relevant to case (e.g., medical notification in medically inadmissible cases, information about best interests of the child etc.).
Applicants for permanent residence must pay the processing fee for the permit holder class and the right of permanent resident fee (if required).
When there is a new inadmissibility
If, at any time during the validity of the TRP, the holder becomes inadmissible for an additional reason that was not covered by that TRP, their existing TRP may be cancelled and a new A44 (1) report may be made and the new circumstances evaluated.
Depending on the circumstances of the case, either a new TRP can be recommended; allowing the individual to remain in Canada, or a recommendation can be made regarding whether or not to refer the client to CBSA for enforcement action.
Even if a new TRP is issued, the new inadmissibility constitutes a break in continuity affecting the conditions for eligibility for permanent residence under the permit holder class.
Accompanying family members
There is no provision to allow members of the permit holder class to include accompanying family members in their applications for permanent residence. At the time of the applicant’s original entry to Canada, any accompanying family members would have required their own TRP. In order to be considered for permanent residence, such individuals would need to submit their own applications under the permit holder class as a principal applicant.
Family members living abroad who are eligible for membership in the family class may be sponsored once a member of the permit holder class becomes a permanent resident.
If accepted in the permit holder class, an applicant is exempt from paying the right of permanent residence fee if they are a dependent child of another member of the permit holder class who has already submitted an application for permanent residence or, if they are the dependent child of a permanent resident or Canadian citizen.
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