Temporary resident permits (TRPs): Validity, conditions and cancellation
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.
On this page
- Validity of a temporary resident permit (TRP)
- Conditions and obligations
- Re-entering Canada
- 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 be valid from 1 day to 3 years. TRPs may be issued for a single entry or for multiple entries, depending on the circumstances. Once used, a single-entry TRP is no longer valid once the holder departs Canada. A multiple-entry TRP remains valid until the end of the validity period specified on the TRP unless the TRP is cancelled by an authorized decision maker.
Note: A year means a calendar year, since the total number of days is not specified in section 24 of the Immigration and Refugee Protection Act (IRPA). Therefore, a regular year represents 365 days, whereas a leap year represents 366 days.
If the TRP expires and the person has not applied for a new permit before expiration, there is a break in continuity under the permit holder class. When determining the validity period, officers should
- issue a TRP only for the time required (for example, for 1 week to admit a person for a conference)
- assess 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 issuance of the last TRP
- remember that TRP holders may become eligible to apply for permanent resident status under the permit holders 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 must
- leave Canada before the TRP’s expiry date or upon cancellation of their TRP by an officer
- apply for a subsequent TRP before the expiry of their TRP if they want to maintain their temporary resident status in Canada (for in-Canada cases only)
- apply for and obtain a TRV to allow them to return to Canada if all of the following applies:
- They are from a country whose citizens require a temporary resident visa, a notable exception being a TRP issued at a port of entry (POE) to overcome the lack of a TRV and for which authorization to re-enter has been granted by a border services officer.
- They have a TRP that authorizes re-entry to Canada.
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
TRPs are not normally valid for re-entry to Canada; however, in compelling circumstances, re-entry may be authorized. 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.
Officers should also counsel TRP holders who have been authorized to re-enter Canada that
- the TRP is not a travel document
- they must be in possession of a valid travel document or passport to return to Canada
- they may require a TRV to travel to Canada if they are from a country whose nationals require a visa (a notable exception being a TRP issued at a POE to overcome the lack of a TRV and for which authorization to re-enter has been granted by a border services officer)
- they are always subject to examination upon re-entry to Canada and could be refused entry into Canada by the Canada Border Services Agency (CBSA), even if the TRP authorizes re-entry
Cancellation of a temporary resident permit
Under subsection A24(1), designated decision makers 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 ordered to be deported.
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
Note: CBSA officers should be referring to CBSA-provided guidance on this topic.
Notification of intention to cancel
Before making a final decision, consult the office where the TRP was issued explaining 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 decision to cancel the TRP
- be delivered by hand or double-registered mail to ensure acknowledgement of service
- be copied to the person’s authorized representative if they have one
- advise the person of their right to make written representations or to discuss the decision in person with an officer
- specify a reasonable period of time in which the person is to make such representations
Notification of cancellation
When the final decision is made to cancel a TRP, whether representations were received or not, officers should send a letter informing the person of the cancellation of the TRP. The letter should include the effective date of 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 on that 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 TRP issuance was based, if applicable
- overstaying the period for which the person was allowed to enter or remain in Canada
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)
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