Temporary resident permit (TRP) for victims of family violence

These instructions aim to provide guidance to IRCC officers on the issuance of a fee-exempt temporary resident permit (TRP) for out-of-status foreign nationals experiencing family violence. This measure also extends access to fee-exempt work and study permits and Interim Federal Health Program (IFHP) coverage for these individuals, if the conditions warrant such a response.

The intention is for victims of family violence who are seeking a TRP to be assessed as expeditiously as possible, using the criteria outlined below. These TRPs are to be issued in accordance with existing instructions for the issuance of TRPs under subsection 24(1) of the Immigration and Refugee Protection Act (IRPA), as well as the corresponding Ministerial Instructions (MI) established in subsection 24(3) of the IRPA.

On this page

• Criteria for a family violence TRP (FMV-TRP)
• Circumstances that may justify issuance of a FMV-TRP
• What constitutes family violence
• Assessing evidence of family violence
• Initial identification of cases
• Protection of individuals in cases of family violence
• Health coverage
• Work permits and study permits
• Cost recovery
• Other available measures

Criteria for a family violence TRP (FMV-TRP)

Family violence is generally defined as any form of abuse or neglect inflicted by a family member. In this context, TRPs are intended for cases of family violence from a spouse or common-law partner. In assessing if the criteria are met for issuance of a FMV-TRP, in accordance with the corresponding MIs, the officer determines if there are reasonable grounds to believe that the out-of-status foreign national meets both of the following criteria:

• physically located in Canada and experiencing abuse, including physical, sexual, psychological or financial abuse or neglect, from their spouse or common-law partner while in Canada
• seeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse

Dependent foreign national children of victims of family violence (both must be in Canada and without status) are also eligible for a family violence TRP.

Examples of individuals who may be eligible include foreign nationals who

• are applicants of the family class or spouse or common-law partner in Canada class (SCLPC class) who have either already left their sponsor, due to abuse, or not yet left their sponsor, due to fear of losing their eligibility for permanent residence in Canada
• cannot be assessed for permanent residence because their sponsor (abusive spouse or common law partner) has withdrawn their family class or SCLPC class sponsorship application
• have been misled and made to believe by an abusive spouse or common-law partner that their family class or SCLPC class permanent residence application has been submitted and is in process when, in fact, no application has been submitted
• are intending to apply for permanent residence through a genuine relationship that has become abusive, but who may not yet have an application in process
  • In such cases, where the intention to apply for permanent residence may be difficult for the applicant to prove in concrete terms, officers should weigh all factors of the situation presented and apply discretion on a case-by-case basis to determine whether the individual meets the eligibility criteria for the TRP.
  • The applicant should be able to demonstrate that their abusive spouse is on a path that renders them, or will soon render them, eligible for permanent residence (for example: abusive spouse was an international student, is now the holder of a post-graduate work permit and will become eligible to apply for PR through express entry in a few months). 
  • The officer should also take into consideration such factors as the individual’s ties to Canada and child custody or other family-law-related issues.

Ineligible individuals who are not considered to be seeking permanent resident status, per the corresponding MIs include, but are not restricted to, the following:

• those seeking refugee protection who have not applied for permanent residence
• those who have been granted refugee protection and reside in Canada as a protected person but have not applied for permanent residence

Should the officer find no reasonable grounds to believe that the foreign national is a victim of family violence, they should refuse the application. Should the officer find no reasonable grounds to believe that the foreign national is seeking permanent residence that is contingent on remaining in the abusive relationship, they should refuse the application. If the application is refused, an officer may consider other available options, but should not proceed further with the application for a FMV-TRP, as described in this PDI.

Circumstances that may justify issuance of a FMV-TRP

If the victim of family violence has existing immigration status through another program, the officer should not issue a TRP.

If the officer finds reasonable grounds to believe that the foreign national is a victim of family violence, the officer may issue a TRP for a minimum of 12 months, based on the following considerations:

• to provide a period of reflection for victims of family violence who are out of status to further consider their immigration options
• to allow victims of family violence to escape the influence of their abuser so that they can make an informed decision on a future course of action
• the foreign national’s ties to Canada
• child custody or any other family law-related issue
• any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of family violence

Depending on the circumstances, and at the officer’s discretion, a subsequent TRP may also be justified, with the above factors taken into consideration, in cases where there may be a benefit to the individual remaining in Canada for a longer period.

Foreign nationals who have faced family violence in Canada may

• have been kept in isolation from Canadian society
• be illiterate or unskilled
• not have formed dependable support networks

These circumstances should not weigh against affording temporary resident status in this context to warranted cases.

Family violence TRP and pending requests for permanent residence in Canada

While it is anticipated that the majority of cases for a family violence TRP will come from applicants requesting permanent residence as members of the family class, allegations of abuse may also be raised within the context of an application for permanent residence submitted under other immigration classes (for example, the alleged victim could be the spouse of a principal applicant requesting permanent residence through an economic class managed through Express Entry, or the spouse of a principal applicant requesting permanent residence as a protected person). Officers must assess the allegations and determine the appropriate course of action.

In all such cases, the officer should use their discretion to assess whether or not a TRP is warranted if the alleged victim’s lack of status is an immediate concern. Officers may consider the best interests of any affected children, even though this is not a legislative requirement for TRP consideration. Officers should also consider if humanitarian and compassionate (H&C) grounds are appropriate for the case at hand.

The 1-year bar to access a TRP under subsection 24(4) of the IRPA does not bar an officer, on their own initiative, from considering if the issuance of a TRP is justified (for a victim of family violence or other foreign national).

What constitutes family violence

Family violence is not just physical violence. A person may experience 1 or more forms of violence, including

• physical abuse, including forcible confinement
• sexual abuse, including sexual contact without consent
• psychological abuse, including threats and intimidation
• financial abuse, including fraud and extortion
• neglect, consisting of the failure to provide the necessaries of life, such as
  • food
  • clothing
  • medical care
  • shelter
  • any other omission that results in a risk of serious harm

The foreign national’s dependent child or children may also be experiencing or witnessing abuse or neglect.

Assessing evidence of family violence

To assess if an individual is a victim of family violence, officers must consider available evidence on a case-by-case basis, depending on what is put forward by the applicant.

IRCC officers may allow victims to provide submissions and supporting evidence by

• mail
• email
• facsimile
• in-person or telephone interview

Evidence could include

• police records, including
  • occurrence reports
  • police notes
  • photos
  • recognizance of bail
  • reports indicating passport and travel documents were withheld, and the police had to retrieve them
• criminal or family court documents, including
  • subpoenas
  • restraining orders
  • probation orders following convictions
  • conviction certificates
  • sentencing or trial transcripts
  • victim impact statements
• letters, statements or reports from a
  • victim or witness assistance program
  • women’s shelter or domestic abuse support organization
  • hospital
  • medical doctor or healthcare professional
  • family services clinic
  • counsellor
  • family, friend, neighbour, co-worker or other witnesses
• assessments by a
  • psychologist
  • psychiatrist
  • therapist or counsellor
  • other healthcare professional
• photos of injuries
• copies of emails or text messages

Initial identification of cases

Preventing disclosure of family violence information

CSC agents and officers must document in GCMS that information related to reports of family violence should be exempt under section 17 of the Access to Information Act and section 25 of the Privacy Act, using the following:

***DO NOT DISCLOSE*** The enclosed information is intended for use in the administration of the Immigration & Refugee Protection Act (IRPA) or Citizenship Act. The content of the information is protected and exempted under section 17 of the Access to Information Act or s. 25 of the Privacy Act. Disclosure could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigation and/or may contain personal information related to the client and/or a source.

Where the application is processed

Due to the urgent nature of these cases and the vulnerability of the applicants, family violence TRP applications are prioritized and processed by the Humanitarian and Identity Operations Branch (HIOB’s) Vulnerable Persons Unit (VPU). These individuals may

• be in Canada without status
• lack travel and identity documents
• be living in a shelter or with their abuser 

These applications must not be directed to the Case Processing Centre in Edmonton (CPC-E). If these cases are identified at a case processing centre, efforts should be made to transfer the application to the VPU as expeditiously as possible.

The VPU can be contacted by mail at:

IRCC – Vulnerable Persons Unit

5343 Dundas Street West, Suite 105

Toronto ON M9B 6K5

Applications for subsequent family violence TRPs must also be submitted to and processed by the VPU.

Cases flagged through authorized representatives

Authorized representatives may assist the foreign national with applying for a TRP, due to family violence. These representatives may apply for a TRP on behalf of their client and send the application to the VPU without first contacting the CSC, per existing public instructions. In such cases, representatives may use the code “FV” on the application envelope as a visual identifier to signal a case involving family violence.

Cases identified through another government partner

Cases in which the foreign national is identified by the Canada Border Services Agency (CBSA) or another federal or provincial partner as a victim of family violence should be referred to the VPU on an urgent basis, using established points of contact.

Cases related to human trafficking

It is important to note that there may be cases in which a trafficked individual is also a victim of family violence, such as cases of intimate partner violence. In such cases, Considerations specific to victims of human trafficking should also be consulted.

Family class files – Requests for H&C considerations

If, during the processing of the TRP, the applicant requests H&C considerations on their spousal family class or SCLPC class permanent residence application that is currently in process, the request should be referred to the office responsible for processing the permanent residence application. This allows the office processing the permanent residence application to follow H&C guidelines, which also include instructions specific to applicants in the SCLPC class.

Officers are encouraged to verify within GCMS to confirm whether the applicant has another application in process.

Protection of individuals in cases of family violence

CSC agents and officers should confirm a safe telephone number, email address or mailing address at which to contact the victim.

Officers should indicate in GCMS notes all attempts made to contact the victim.

Officers and CSC agents should be mindful to

• include case notes on the GCMS “Client” screen instead of the “Application” screen to protect the individual’s privacy
• document steps taken in GCMS
• note that information should be exempt under section 17 of the Access to Information Act and section 25 of the Privacy Act, per the “Do Not Disclose” note above
• avoid disclosing information about the victim if their sponsor or relatives contact the CSC regarding their file
• inform the abuse victim if their family class application will be closed or converted and that the sponsor or authorized representative will be notified to allow the abuse victim to put any necessary safety plan into effect before the sponsor or authorized representative receives the notification
• avoid linking the TRP application to the family class application

Applicant revocation of an authorized representative

If an individual has advised IRCC in writing that they would like to revoke their authorized representative, the officer should ensure that GCMS is updated immediately. Use of representatives: Counselling applicants during interviews outlines the course of action to be taken for the applicant to revoke their representative and designate a new one.

Individuals subject to a removal order

If a removal order is in place for an individual applying for a TRP, an IRCC manager or supervisor should contact the CBSA directly, in writing, to advise the CBSA of the situation. A note should also be made on the applicant’s UCI, stating that TRP issuance is being considered and requesting that the CBSA consult IRCC before taking further action. Ultimately, an IRCC manager or supervisor should contact the CBSA directly, in writing, to confirm if the TRP has been issued.

Interview considerations

The officer may render a decision based on the documentation received. If the officer is not satisfied by the documentation provided, an interview may be warranted. If there are no impediments for the applicant, an in-person interview should be arranged.

There may be situations that make it difficult for a victim to attend an in-person interview:

• distance
• finances
• safety issues

IRCC officers should take these factors into consideration when requesting an in-person interview and may consider a virtual interview (through Teams) or a telephone interview instead. Officers should follow the safety precautions and interview considerations outlined in Abuse: Interview considerations.

The objectives of the interview are to

• establish the facts of the case to verify if there are reasonable grounds to believe the person is a victim of family violence
• use the facts to determine the optimal length of the TRP if one is going to be issued

Correspondence should provide a deadline for the submissions and outline the possible consequences of not providing a response (for example, a refusal).

If an IRCC officer is unable to contact an individual after 2 attempts (with lag time at the officer’s discretion) after the officer has received a request for a TRP due to family violence, the officer should render a decision based on the available information. They must update GCMS to indicate what steps have been taken and how the attempts to contact the individual have been made (for example, telephone calls, emails and letters).

Health coverage

FMV-TRP holders who are not covered by a public or private health insurance plan are eligible for coverage of health-care benefits under the IFHP, per the discretionary authority of the Minister, under IFHP Cabinet-approved policy. Benefits include (for the duration of the TRP)

• basic coverage (hospital services, physician care)
• supplemental coverage (urgent dental and vision care, mental health counselling)
• prescription drug coverage

Unless the applicant has already completed an immigration medical examination within the last 12 months, they are required to undergo temporary resident medical screening if they intend to do either of the following:

• work in a field in which the protection of public health is essential
• remain in Canada for longer than 6 months after residing in a tuberculosis-endemic country for more than 6 consecutive months in the past year

See Who must submit to an immigration medical examination for more information.

In addition, certain applicants who have already undergone a medical examination may be eligible for a medical reassessment.

Work permits and study permits

A TRP that is valid for at least 180 days makes the holder eligible to apply for an open work permit and a study permit. A TRP does not exempt the permit holder from the requirement to apply for a work and study permit if they wish to work and study in Canada. A fee-exempt work and study permit should be offered to the client as an option to ensure they are aware that they are eligible for one. If the victim of family violence wants to also apply for a work and study permit, the application should be processed by the VPU at the same time as the TRP application, due to the urgent nature of this kind of case.

Cost recovery

Victims of family violence are exempt, either by regulations or by virtue of the associated public policy, from the

• processing fee for the TRP, regardless of its duration
• fee for the work permit and study permit issued in conjunction with the TRP
• fee for the collection of biometrics

Collection of biometrics

Upon receipt of an application under these MIs, an officer will verify if valid biometrics results exist for the applicant and, if not, they will send a BIL letter to the applicant. Fee exemption code B12 should be used for the biometrics (if no valid biometrics results already exist).

Other available measures

Foreign nationals who are victims of family violence, including those who may not be eligible for a TRP, may avail themselves of a number of other legislative and administrative measures to remain in Canada temporarily or permanently. These include

• extending or renewing their existing temporary status (work permit, study permit, or visitor status or record) if they have status in Canada
• restoring their status if they are out of status, as they may be eligible
• submitting an economic class application
• applying for a general TRP
• requesting consideration of a general TRP should the FMV TRP be refused (see note below)
• obtaining a stay or deferral of removal
• applying for permanent residence under H&C considerations
• claiming refugee protection and applying for a pre-removal risk assessment (PRRA), if applicable