Temporary resident permits (TRPs): Validity, conditions and cancellation

On this page

• Validity of a temporary resident permit (TRP)
• Conditions and obligations
• Re-entry
• Cancellation of a TRP
• When a TRP is invalid
• How to cancel a TRP

Validity of a temporary resident permit (TRP)

Under section 63 of the Immigration and Refugee Protection Regulations (IRPR), an initial or subsequent temporary resident permit (TRP) may have a validity date of 1 day to 3 years. A TRP remains valid until the end of the validity period specified on the TRP unless the TRP is cancelled by an authorized decision maker.

If the TRP expires and the person has not applied for a new permit before its expiration, there is a break in continuity under the permit holder class. When determining the validity period, officers should

• issue a TRP for only the time required (for example, for 1 week to admit a person for a conference)
• determine if there is an ongoing need for the TRP and if so, consider that as part of the objectives of the IRPA
• consider if any new inadmissibility grounds or other relevant factors have arisen since the last TRP was issued
• consider that a TRP is not intended to provide continuous status for long periods of time, especially if the inadmissibility or non-compliance can be resolved and regular temporary resident status can be achieved
• remember that TRP holders may become eligible to apply for permanent resident status under the permit holder class after prescribed periods of time

In cases where the TRP holder is authorized to work or study, the validity period of all of the documents should be the same.

Conditions and obligations

TRP holders in Canada must

• leave Canada before the TRP’s expiry date or upon cancellation of their TRP by an officer, or
• apply for a subsequent TRP before the expiry of their TRP to remain in Canada
  • Restoration and maintained status do not apply to TRP holders.

TRP holders who do not comply with the provisions of the IRPA or IRPR, or whose circumstances change, may be subject to any combination of the following actions:

• cancellation of their TRP
• an inadmissibility subsection A44(1) report
• a removal order

Re-entry

TRPs are not normally valid for re-entry to Canada; however, in compelling circumstances, re-entry may be authorized. In such cases, the authorization to re-enter Canada must be recorded accurately in the Global Case Management System (GCMS). The TRP itself must contain the following:

Departure from canada will not invalidate this temporary resident permit under regulation 63(b).

For more information on how to record this information in GCMS, refer to the GCMS online help.

Cancellation of a temporary resident permit

Under subsection A24(1), designated decision makers (PDF, 831 KB) may cancel a TRP at any time if circumstances warrant it. Upon cancellation of the TRP, the individual shall be directed to leave Canada or may be issued a removal order.

When a TRP is invalid

A TRP is no longer valid if a TRP holder leaves Canada and does not have authorization to re-enter. Therefore, if, when examining an application, an officer discovers that a TRP holder has left Canada, the TRP is invalid, per paragraph R63(b).

How to cancel a TRP

Notification of intention to cancel

Before making a final decision, the designated decision maker should consult the office where the TRP was issued and explain the change in circumstances.

To ensure procedural fairness (PDF, 597.29 KB), notify the applicant in writing of the intention to cancel the permit.

The letter should

• state the reason or reasons for the intention to cancel the TRP
• be delivered to the client using their preferred correspondence channel

Notification of cancellation

When the final decision is made to cancel a TRP, whether representations were received or not, officers should send correspondence informing the person of the cancellation. The correspondence should include the effective date of the TRP cancellation and will, in most cases, instruct the person to leave Canada by a specified date. It should also state that if they do not leave by the specificed date they may be subject to enforcement action.

Enforcement action for persons who are out of status

A person whose TRP has expired or been cancelled maybe reported under subsection A44 (1) if the person does not leave Canada by the date specified. After a review of all factors, if the officer decides to prepare a subsection A44(1) report, it may be based on the following:

• the original grounds
• new grounds of inadmissibility other than the ones on which the TRP issuance was based, if applicable
• overstaying the period for which the person was allowed to enter or remain in Canada

For procedures for writing reports, admissibility hearings and removal orders, see ENF 3 (PDF, 626.22 KB), ENF 5 (PDF, 421.72 KB) and ENF 6 (PDF, 504.44 KB).

If a person’s whereabouts are unknown, officers refer the case to the CBSA to

• undertake a thorough investigation to locate the person
• issue a warrant for the arrest of the person reported under subsection A44(1)